Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
April 17, 2001 Agenda
AGENDA Age,~ta.o ~)/- ~5)~ Agenda Item ,, ~ CITY OF DENTONApr,I 17,CITY2001 COUNCIL Date .... ~/~//'///~)/ _ After determining that a quorum m present and convening in an Open Meeting, the City Council of the Cl~y of Denton, Texas will convene in a Closed Meeting on Tuesday, April 17, 2001 at 5 15 p n~ in the City of Denton Council Work Session Room, Denton City Hall, at 215 East McKmney, Denton, Texas to consider specific items when these items are hsted below under the Closed .Iv~¢etmg section of this agenda When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting at 5 15 p m ~ and will convene at the time listed below for its regular or special called meeting The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting 8ganda consistent with Chapter 551 of the Texas Govemment Code, as amended, as set forth belo~v 1 Closed Meeting Consultation with Attorney - Under TEX GOV'T CODE Section 551 071 (1) Discuss and consider strategy and status of litigation with the City's attorneys in litigation styled City of Denton, et al v TXU Electrtc Company, et al, Cause No 009383 currently pending in the 134th District Court of Dallas County, Texas, and discuss legal issues concerning this litigation with the attorneys where to discuss these matters in public would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas ANY FIN AL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETIN(, WILL ONLY BE TAKEN 1N AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TE KAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PR( VISIONS OF SECTION 551 086 OF THE TEXAS GOVERNMENT CODE (THE "PUBLIC POWER ,~,XCEPTION") THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX GOV'T CODE, SECTION ? 551 001, ET SEQ (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETINt ~ AGENDA OR TO RECONVENE 1N A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MiiETINGS ACT, INCLUDING, WITHOUT LIMITATION SECTIONS 551 071-551 086 OF THE TEXiAS OPEN MEETINGS ACT Regular I~Ieetlng of the City of Denton City Council on Tuesday, April 17, 2001 at 6 00 p m in the Coul~¢ll Ch0mbers at City Hall, 215 E McKmney Street, Denton, Texas at which the followln~ items wll be considered 1 Pledge of Allegiance Al U S Flag B! Texas Flag "Honor the Texas Flag -- I pledge allegiance to thee, Texas, one and indivisible" 2 Cgnslder approval of the minutes of March 26 and March 27, 2001 City of D~nton C~ty Council Agenda April 17, 2001 Page 2 PRESENTATIONS 3 April Yard of the Month Awards 4 Proclamations A Fmr Housing Month B National Commumty Development Week C Days of Remembrance D National Day of Prayer E Proyecto Zapotlan Day CITIZEN REPORTS 5 Nell L~ghts Yeldell regarding utilities at 312 Bradshaw, flood ~nsurance, and m~norlty ftmds for D~stnct 1 6 Ross Melton regarding the C~ty's lawyers, code enforcement, and the Council NOISE EXCEPTIONS 7 Consider adoption of an ordinance of the C~ty of Denton, Texas pursuant to Section 20-1 of the Code of Ordinances of the C~ty of Denton, Texas, an exception to the hm~tat~ons ~mposed by that section w~th respect to hours of operation of an amphfied loudspeaker system, and prowdlng an effective date (Relay for L~fe) CONSENT AGENDA Each of these ~tems ~s recommended by the Staff and approval thereof will be strictly on the bas~s of the Staff recommendations Approval of the Consent Agenda authorizes the C~ty Manager ,or hm designee to ~mplement each ~tem ~n accordance w~th the Staff recommendations The C~ty Council has received background ~nformat~on and has had an opportumty to rinse questions regarding these ~tems prior to consideration Listed below are b~ds, purchase orders, contracts, and other ~tems to be approved for payment under the Consent Agenda (Agenda Items 8 - 29) Th~s hst~ng ~s prowded on the Consent Agenda to allow Council Members to d~scuss or w~thdraw an ~tem prior to approval of the Consent Agenda If no ~tems are pulled, Consent Agenda Items 8 - 29 below will be approved w~th one motion If ~tems are pulled for separate d~scuss~on, they will be considered as the first ~tems under "Items for In&wdual Cons~derauon" 8 Consider adoption of an ordinance of the C~ty of Denton Texas approwng and authorizing the C~ty Manager to execute a first amended professional serwces agreement w~th Freese and Nmhols, Inc for eng~neenng servmes pertmmng to the construction phase and post construction phase for the C~ty of Denton Lake Ray Roberts Water Treatment Plant, authorizing the expen&ture of funds therefore, and providing an effective date City of D~nton CltaJ Council Agenda April 17, 2001 Page 3 9 Consider adoption of an ordinance of the City of Denton amending an agreement dated August 15, 2000 relating to a grant for Routine Airport Maintenance Program between the City of Denton and the State of Texas acting through the Texas Department of Transportation, authorizing the City Manager to expend funds provided for in the amendment, and declaring an effective date (TxDOT Project No AM2001DNTON, and TxDOT CSJ No M018DNTON) 10 Consider adoption of an ordinance authorizing the execution of change order three to a contract for lease purchase financing of PC's, monitors, and peripheral equipment between the City of Denton and Dell Financial Services, providing for an increase in the quantity of items, increase m the annual lease payment amount, and providing for the expenditure of funds therefore, and providing an effective date (File 2495 - Dell Financial Services awarded m the amount of $943,398 and change order one in the amount of $19,656 68 plus change order two In the amount of $337,710 30 and change order three in the amount of $64,920) l l Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement (PSA) with Teague, Nall and Perkins, Inc for the design of Hickory Creek Road as set forth in the contract, and providing an effective date (PSA 2670 - Professional Services Agreement for Design of Hickory Creek Road awarded to Teague, Nail and Perkins, Inc, for a total amount of $215,700 00) 12 Consider adoption of an ordinance providing for the expenditure of funds for the purchase of an annual maintenance agreement for 100 concurrent software licenses which are available from only one source in accordance with the provisions of State Law exempting such purchases from requirements of competitive bids, and providing an effective date (PO 13585 - JD Edwards an the amount of $74,800) 13 Consider adoption of an ordinance awarding a contract for the purchase of Dispatch Center Console Upgrade as awarded by the State of Texas General Services Commission through a Qualified Information Services Vendor (QISV), providing for the expenditure of funds therefore, and providing an effective date (PO 10628 - Creative Switching Designs in the amount of $70,256) 14 Consider adoption of an ordinance awarding a contract for the purchase of Fiber Optic Cable as awarded by the State of Texas General Services Commission, providing for the expenditure of funds therefore, and providing an effective date (PO 13589 - FMS Technologies, Inc in the amount of $361,172 48) 15 Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of tractor and utility vehicles, providing for the expenditure of funds therefore, and providing an effective date (Bid 2628 - Tractor and Utlhty Vehicles awarded to Lawn Land in the amount of $71,435) 16 Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the acquisition of Vehicle Preventive Mmntenance Services (oil/filter), providing for the expenditure of funds therefore, and providing an effective date (Bid City of D~nton City Councd Agenda April 17, 2001 Page 4 2660 - Preventive Mmntenance Services awarded to USA Lube & Tune in the annual estimated mount of $50,000) 17 Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of trucking services, prowdmg for the expenditure of funds therefore, and providing an effective date (Bid 2662 - Trucking Services awarded to Jagoe-Pubhc Company m the estimated amount of $56,000) 18 Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of Truck Utlhty Beds and Bodies, providing for the expenditure of funds therefore, and promd~ng an effective date (B~d 2663 - Truck Utility Beds and Bodies awarded as hsted ~n the amount of $62,560) 19 Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of a trencher and trmler, providing for the expenditure of funds therefore, and providing an effective date (Bid 2659 - Trencher with Trailer awarded to Verrneer Equipment of Texas m the amount of $79,195) 20 Consider adoption of an ordinance approving the purchase of a 0 987 acre public utthty easement and a 0 400 acre temporary construction easement between the C~ty of Denton and Mmhael and Sandl Reynolds, easements located in the S McCracken, Abstract No 817 authorizing the expenditure of funds therefore, and prowdlng an effective date (Lake Ray Roberts Water Transmission Line ProJect) 21 Consider adoption of an ordinance approving a real estate contract between the City of Denton and Mar~e Elizabeth Sasso relating to the purchase of approximately 0 144 acre of land being located in the N H Melsenhelmer Survey, Abstract No 810 of Denton County, Texas for the U S Highway 77 project, with title vesting in the State of Texas, authorizing the expenditure of funds therefore, and providing an effective date (Parcel 16) 22 Consider adoption of an ordinance approving a real estate contract between the City of Denton and W H Bottoms and Ethel Bottoms relating to the purchase of approximately 0 046 acre of land being located ~n the B B B & C R R Survey, Abstract No 186 of Denton County, Texas for the U S Highway 77 project, w~th title vesting m the State of Texas, authorizing the expenditure of funds therefore, and providing an effective date (Parcel 20) 23 Consider adoptmn of an ordinance approwng a real estate contract between the C~ty of Denton and Albert B Grubbs and Margaret V Grubbs relating to the purchase of approximately 0 103 acre of land being located in the N H Melsenhelmer Survey, Abstract No 810 of Denton County, Texas for the U S H~ghway 77 project, with title vesting m the State of Texas, authorizing the expenditure of funds therefore, and promdlng an effective date (Parcel 21) 24 Consider adoption of an ordinance approving a real estate contract between the City of Denton and Charhe M Cunmngham and Jan~s A Cunmngham Trustees of the Cunnmgham Famdy Trust relating to the purchase of approximately 0 055 acre of land City of De[~ton City Council Agenda April 17, 2001 Page 5 being located in the B B B & C R R Survey, Abstract No 186 of Denton County, Texas for the U S Highway 77 project, w~th title vesting in the State of Texas, authonmng the expenditure of funds therefore, and providing an effective date (Parcel 27) 25 Consider adoption of an ordinance approving a real estate contract between the C~ty of Denton and Gertrude Helen O~bson, Individually and as Independent Executrix of the Estate of Donald Edwin Gibson, relating to the purchase of approximately 0 421 acre of land being located in the B B B & C R R Survey, Abstract No 186 of Denton County, Texas for the U S H~ghway 77 project, w~th t~tle vesting m the State of Texas, authorizing the expenditure of funds therefore, and providing an effective date (Parcel 31) 26 Consider adoption of an ordinance authorizing the Mayor to execute an amendment to an Interlocal Cooperation Agreement for road construction for Lakevlew Boulevard between the C~ty of Denton and Denton County, Texas, allowing payment of overage expenses by County, and providing an effective date 27 Consider adoptaon of an ordinance of the City of Denton, Texas, authorizing the City Manager to submit an apphcat~on under the National School Lunch Act to obtmn funding for the 2001 Summer Food Service Program, if such funding is granted, the C~ty Manager is authorized to execute the Summer Food Service Program agreement with the Texas Department of Human Services and execute a contract with the Denton Independent School District and all additional documents and agreements, as required, authorizing the expenditure of funds to admlmster the program, and providing an effective date 28 Consider approval of a resolution of the City Council of the City of Denton, Texas, supporting leglslat~on that would allow the creation of a county transportation authority, to provide public transportation and related transportation services to Denton County, and pmwdlng an effective date 29 Consider adoption of an ordinance of the City of Denton, Texas, authormng the City Manager to execute an agreement between the City of Denton, Texas and the Upper Trlmty Regional Water District for the payment and settlement of claims and debts, the acqulsmon of property, and other matters, authorizing the expenditure of funds therefore, and providing an effective date PUBLIC HEARINGS 30 Hold a public hearing inviting citizens to comment on the C~ty of Denton's 2001 Action Plan for Houstng and Commumty Development 31 Hold the second of two pubhc hearing regarding the involuntary annexation and service plan for approximately 46 acres of land ~n the eastern section of the City of Deaton Extraterritorial Jurisdiction (ETJ) The site is generally located on the south side of Blagg Road, approximately 1000' west of Lakev~ew Boulevard (A-Ol-O002) City of Depton City Cotmcil Agenda April 17, 2001 Page 6 32 Hold a pubhe hearing and consader adoption of an ordinance rezomng approximately 0 2 acres, commonly known as 1808 N Elm Street, from a General Retail (GR) zoning dastnet to a Planned Development (PD) zoning district The Detailed Plan proposal is to allow general retail and smgle family uses on the property The Planmng and Zomng Commassmn recommends approval (6-1) with conditions (Z-Ol-O002) 33 Hold a public hearing and consader adoption of an ordinance approving a Project Plan / Detailed Plan for a 21 295 acre tract generally located at the southwest comer of Windsor and Bonnie Brae The property as in the Planned Development 86 (PD-86) zoning distract A church and parochial school is proposed The Planning and Zoning Commassmn recommends approval (7-0) with conditions (SP-01-0002) 34 Hold the first of two public heanngs regarding the ~nvoluntary annexation and service plan for approximately 122 acres of land m the western section of the City of Denton Extratemtonal Jurisdiction (ETJ) The s~te is generally located along Masch Branch Road south of Hampton Road north of Haghway 380 (A-Ol-O004) ITEMS FOR INDIVIDUAL CONSIDERATION 35 Consider approval of a d~rectlve to city planmng staff to extend the development code review process and schedule, to amprove efforts to respond to clt;zen and business concerns, and to make corresponding revlsaons 36 Consider adoption of an ordanance authorizing the City of Denton, Texas to select San Nicolas de Los Garza, Nuevo Leon, Mexico, as it's official Sister City within the program gmdehnes of Saster Cities International, and authorizing the City Manager to take other actaon consastent w~th thas ordinance, and providing an effective date 37 Consider adoptaon of an ordinance approving a commercial operator airport lease agreement between the City of Denton and Triangle Aviation, Inc, and provldang an effective date 38 Consider adoption of an ordmance authorizing the issuance, sale, and dehvery of City of Denton Utility System Revenue Refunding and Improvement Bonds, Series 2001, and approvang and authorizing lnstnunents and procedures relating thereto, and providing an effectave date 39 Consader approval of an exaction variance from Section 34-124(d)1, drainage facilities, concemlng proposed channel Improvements, of the Subdivision and Land Development Regulations for a 100 acre property is generally located on northwest comer of Airport Road and Premsmn Drive The sate is m a Light Industrial (LI) zomng district The combination of two lots into one lot is proposed The Planning and Zoning Commission recommends approval of the variance wath conditions (6-0) (V-01-0003) 40 Consader approval of an exaction variance from Section 34-114(5) and Section 34- 114(17), reqmred extensions, concerning perimeter paving and sidewalks, of the Subdavaslon and Land Development Regulations for a 100 acre property is generally located on northwest comer of Airport Road and Premslon Drive The site as m a Light C~ty of Denton C~ty Council Agenda April 17, 2001 Page 7 Industrml (LI) zoning district The combination of two lots ~nto one lot ~s proposed The Planning and Zomng Commission recommends approval of the varmnce w~th condntons (6-0) (V-01-0010) 41 Consider approval of an exaction variance from Section 34-118(a)l, reqmred extensions, concerning proposed water and sewer hnes, of the Subdivision and Land Development Regulations for a 100 acre property ~s generally located on northwest comer of A~rport Road and Precision Drive The s~te is m a L~ght Industrml (LI) zomng d~stnct The combination of two lots into one lot ~s proposed The Planning and Zomng Commission recommends approval of the variance w~th conditions (6-0) (V-01-0009) 42 Consider and take action on a request for rehef from the Non-Residential Interim Zomng Regulations, Ordinance 2000-069 for a 9 6 acre property generally located north of Spencer Road and 900 feet east of Woodrow Lane The property ~s m L~ght Industrial (LI) zomng d~stnct A Denton Mumc~pal Electric Substation ~s proposed (RN-OI-O00$, Spencer Road Addtt~on) 43 Consider approval of a resolution approving a Project Plan for approximately 4 acres, ~n a General Retail (GR) zoning d~stnet, generally located at the northwest comer of Umvers~ty and Carroll Boulevard An expansion of the ex~st~ng Kroger store with related site and access ~mprovements is proposed (SP-OI-O006) 44 Consider appointments to the Racial Profihng Task Force 45 Consider nominations and appomtments to the C~ty's Boards and Commissions 46 New Business Th~s ~tem provides a sectton for Cotmcfl Members to suggest ~tems for future agendas 47 Items from the C~ty Manager A Notification of upcoming meetmgs and/or conferences B Clarification of ~tems on the agenda 48 Possible Continuation of Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act 49 Official Action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas Open Meetings Act Following the completion of the Regular Meetmg, the Council will convene ~n a Work Session to &scuss the following ~tems NOTE A Work Session ~s used to explore matters of ~nterest to one or more C~ty Council Members or the C~ty Manager for the purpose of g~wng staff &rect~on ~nto whether or not such matters should be placed on a future regular or special meeting of the Council for citizen mput, Cfly Cotmefl dehberat~on and formal C~ty action At a Work Session, the C~ty Council generally receives informal and prehmmary reports and ~nformat~on from C~ty staff, officials, members of C~ly committees, and the md~wdual or orgamzatlon proposing council action, ~f mwted by C~ty C~ty of Denton C~ty Council Agenda Aprd 17, 2001 Page 8 Councd or C~ty Manager to partm~pate ~n the session Participation by ~nd~wduals and members of orgamzat~ons lnwted to speak ceases when the Mayor announces the sessaon ~s being closed to pubhc ~nput Although Work Sessions are pubhc meettngs, and c~Uzens have a legal right to attend, they are not pubhc heartngs, so mtlzens are not allowed to participate ~n the session unless ~nvlted to do so by the Mayor Any c~t~zen may supply to the C~ty Council, prior to the begmmng of the session, a written report regarding the citizen's op~mon on the matter being explored Should the Council d~rect the matter be placed on a regular meeting agenda, the staff will generally prepare a final report defimng the proposed action, which wall be made avmlable to all c~t~zens prior to the regular meeting at which citizen ~nput ~s sought The purpose ofth~s procedure is to allow mtlzens attending the regular meeting the opportumty to hear the wews of their fellow ctt~zens w~thout having to attend two meetings 1 Receive a report, hold a d~scuss~on, and g~ve staff d~rectlon regarding possible commencement of annexation proceedings for a portion of the Hunter Ranch property, comprising apprommately 2,301 3 acres The property ~s located on the west s~de of IH- 35W, between Crawford Road and FM 2499 CERTIFICATE I certify that the above notme of_megt~ng was posteAl on the~bullet~n board at the C~ty Hall of the C~tyof/I)~n, Texas, onthe/~ dayof ff_~?~ ,2001at.~'d;7~ o'clock (am ~ y CITY SECRETARY NOTE THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY- TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE Agenda No tO[ - 0.. Agendaltem · Oat, zl /17 / ,o ' CITY OF DENTON CITY COUNCIL MINUTES March 26, 2001 The Council convened into a Work Sessmn on Monday, March 26, 2001 at 12 30 p m in the C~ty Hall Conference Room at City Hall PRESENT Mayor Brock, Mayor Pro Tem Beasley, Council Members Burroughs, Cochran, and Durrance ABSENT Councd Members Knstoferson and Young 1 The Councd held a dmcusslon, dehberatcd and gave staff and the city's reformatIon services consultant direction regarding the city reformation services and technology efforts, including dmcuss~ng a survey of the c~ty's mformaQon technology needs and setting goals and priorities for ~nfonnat~on servmcs The Council held a d~scussmn with Dr Leon Kappelman, Dr Victor Prybutok, and John Cordas from the Umverslty of North Texas regarding the city's mformatmn services and technology efforts Discussions centered on thc need for clear technology goals and clear processes and procedures for dcms~on-makmg, pnonQzatmn and implementation of technology related services and systems The Council endorsed the study being conducted by the Umverslty of North Texas Mayor Pro Tern Beasley left thc meeting at 1 45 p m W~th no further business, the meeting adjourned at 2 00 p rn EULINE BROCK, MAYOR CITY OF DENTON, TEXAS BETTY WILLIAMS DEPUTY CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES March 27, 2001 After determnnng that a quorum was present and convening m an Open Meeting, the City Cotmcd convened ~n a Closed Meeting on Tuesday, March 27, 2001 at 5 15 p m in the City of Denton City Hall Conference Room, Denton City Hall, at 215 East McK~nney, Denton, Texas to consider spemfic ~tems when these items are listed below under the Closed Meeting section of this agenda When ~tems for consideration are not hsted under the Closed Meeting section of the agenda, the C~ty Council w~ll not conduct a Closed Meeting at 5 15 p m, and wall convene at the time hsted below for ~ts regular or specml called meeting The City Council reserves the right to adjourn into a Closed Meeting on any ~tem on ~ts Open Meeting agenda consistent w~th Chapter 551 of the Texas Government Code, as amended, as set forth below PRESENT Mayor Brock, Mayor Pro Tem Beasley, Council Members Burroughs, Cochran, Durrance, and Young ABSENT Council Member Knstoferson 1 The Council considered the following in Closed Meeting A Dehberat~ons Regarding Real Property --- Under TEXAS GOVERNMENT CODE Section 551 072 1 Deliberated the purchase and value of a 0 987 acre pubhc utility easement and a 0 40 acre temporary construction easement both situated w~thm the S McCracken Survey, Abstract No 817, smd tracts being along the west right-of-way hne ofF M 428, adjacent and north of State H~ghway Loop 288 (Ray Roberts Water Transmission Line Project) 2 Dehberated the purchase and value of a 0 046 acre of land being located in the NH Melsenhelmer Survey, Abstract No 810 of Denton County, Texas for the US H~ghway 77 Widening ProJect, smd tract being situated on the north s~de ofU S 77, approximately 1,200 feet northwesterly of the Donna Road intersection (Parcel 20) 3 Dehberated the purchase and value of a 0 055 acre of land and a 0 0414 acre public utility easement both tracts being located in the NH Me~senhe~mer Survey, Abstract No 810 of Denton County, Texas for the US Highway 77 Wldemng ProJect and US Highway 77 Utility Relocation ProJect, smd tracts being s~tuated on the south side of US 77, approximately 250 feet northwesterly of the Donna Road intersection (Parcel 27) 4 Dehberated the purchase and value of a 0 026 acre of land and a 0 056 acre public utility easement both tracts being located in the NH Me~senhe~mer Survey, Abstract No 810 of Denton County, Texas for the US H~ghway 77 Widening ProJect and US Highway 77 Utd~ty Relocation Project, smd tracts being situated on the north side of U S 77, approximately 250 feet southeasterly of the Donna Road intersection (Parcel 31 ) City of Denton City Council Minutes March 27, 2001 Page 2 5 Deliberated the purchase and value of a 0 103 acre of land being located m the NH Melsenhelmer Survey, Abstract No 810 of Denton County, Texas for the US Highway 77 Widening ProJect, said tract being situated on the north side ofU S 77, approximately 1,110 feet northwesterly of the Donna Road intersection (Parcel 21) 6 Deliberated the purchase and value ofa 0 144 acre of land being located in the NH Melsenhelmer Survey, Abstract No 810 of Denton County, Texas for the US Highway 77 Widening ProJect, smd tracts being situated on the north side ofU S 77, approximately 1,600 feet northwesterly of the Donna Road intersection (Parcel 16) B Personnel Matters - Under TEX GOV'T CODE Section 551 074 1 Held a discussion and deliberated regarding the appointment, employment evaluation, and or duties of a City Manager Special Called Session of the City of Denton City Council on Tuesday, March 27, 2001 at 6 00 p m in the Council Chambers at City Hall PRESENT Mayor Brock, Mayor Pro Tern Beasley, Council Members Burroughs, Cochran, and Durrance ABSENT Council Member Knstoferson and Young 1 PleOge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U S and Texas flags PROCLAMATIONS/PRESENTATIONS 2 Re~olutlon of Appreciation A The Council considered approval of a resolution of apprematlon for Michael W Jez Council Member Young joined the meeting Durrance motioned, Burroughs seconded to approve the resolution On roll vote, Beasley "aye", Burroughsl"aye', Cochran "aye", Durrance "aye", Young "aye", and Mayor Brock "aye" Motion carned unammously 3 Re~ogmt~on of Honor Award from the Texas Chapter of the American Society of Landscap~ Architects (ASLA) awarded to the City of Denton and the Planning and Development Department for the Denton Plan 1999-2020 Comprehensive Plan C~ty of Denton C~ty Council Minutes March 27, 2001 Page 3 CITIZEN REPORTS 4 Bob Chfton regarding ~ncompetence m the Bmld~ng Inspect, ons Department Mr Chfton presented a number of~ssues for the Councd to consider ~nclud~ng the purchasing of the old TI plant, the chromatron of charging the DISD for electrical services, more businesses in the mty and the use of the old stream plant for a one stop shop business center for mty permits 5 Dorothy Framanty regarding Mummpal Court procedures Ms Framanty was not present at the meeting NOISE EXCEPTIONS 6 The Council considered a request for an exception to the nmse ordinance for overmght construction activity as part of the Downtown Improvement Project between the hours of 10 00 p m and 5 00 a m by Tn Dal, Ltd from March 29, 2001 to October 31, 2001 Cotmcd expressed a concern regarding the nome factor that would occur at night when the residents on the Square would be sleeping Young motioned, Beasley seconded to approve the request as proposed On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "aye", Young "aye", and Mayor Brock "aye" Motion earned w~th a 5-1 vote CONSENT AGENDA Mayor Brock mdmated that Item #22 was pulled fi.om consideration Burroughs motioned, Beasley seconded to approve the Consent Agenda and accompanying ordinances and resolution w~th the deletion of Item #22 On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Brock "aye" Motion camed unammously 7 NO R2001-011 A RESOLUTION ALLOWING THE DENTON PUBLIC LIBRARY TO PARTICIPATE IN THE TEXSHARE LIBRARY CARD PROGRAM, WHICH ALLOWS RECIPROCAL BORROWING PRIVILEGES TO THE PATRONS OF THE TEXSHARE LIBRARIES, AND PROVIDING FOR AN EFFECTIVE DATE 8 NO 2001-118 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND W E WILLIAMS, JR RELATING TO THE PURCHASE OF APPROXIMATELY 0 004 ACRE OF LAND BEING LOCATED IN THE N H MEISENHEIMER, ABSTRACT NO 811 OF DENTON COUNTY, TEXAS FOR THE US HIGHWAY 77 PROJECT, WITH TITLE VESTiNG IN THE STATE OF TEXAS, C~ty of Denton C~ty Council M~nutes March 27, 2001 Page 4 AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (PARCEL 44) 9 NO 2001-119 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND GALATYN PARK CORPORATION RELATING TO THE PURCHASE OF APPROXIMATELY 0 439 ACRES OF LAND AND 1 523 ACRES OF LAND BOTH BEING LOCATED IN THE ALEXANDER WHITE SURVEY, ABSTRACT NO 1406 OF DENTON COUNTY, TEXAS FOR THE US HIGHWAY 77 PROJECT, WITH TITLE VESTING IN THE STATE OF TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (PARCELS 1 & 3) 10 NO 2001-120 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND GALATYN PARK CORPORATION RELATING TO THE PURCHASE OF APPROXIMATELY 0 056 ACRES OF LAND BEING LOCATED IN THE ALEXANDER WHITE SURVEY, ABSTRACT NO 1406 AND APPROXIMATELY 0200 ACRES OF LAND BEING LOCATED IN THE ALEXANDER WHITE SURVEY, ABSTRACT NO 1406 AND THE NATHAN WADE SURVEY, ABSTRACT NO 1407 OF DENTON COUNTY, TEXAS FOR THE US HIGHWAY 77 PROJECT, WITH TITLE VESTING IN THE STATE OF TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE AND PROVIDING AN EFFECTIVE DATE (PARCEL 4, PARTS 1 & 2) 11 NO 2001-121 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND BETTY RUTH DAVIS JACKSON AND JOYCE DAVIS BRENHOLTZ BISHOP RELATING TO THE PURCHASE OF APPROXIMATELY 0421 ACRE OF LAND BEING LOCATED IN THE BBB & CRR SURVEY, ABSTRACT NO 186 OF DENTON COUNTY, TEXAS FOR THE US HIGHWAY 77 PROJECT, WITH TITLE VESTING IN THE STATE OF TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE AND PROVIDING AN EFFECTIVE DATE (PARCEL 36) 12 NO 2001-122 AN ORDINANCE AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS INSTRUMENTS ("TI") INCORPORATED TO PROVIDE FOR A HAZARDOUS MATERIALS EXERCISE ON TI PROPERTY, AND PROVIDING FOR AN EFFECTWE DATE City of De~tton City Council Minutes March 27, 2001 Page 5 13 NO 2001-123 AN ORDINANCE AUTHORIZING FINANCING FOR REFUSE TRUCKS WITH GOVERNMENT CAPITAL CORPORATION THROUGH LEASE PURCHASE FINANCING, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (FILE 2665 - LEASE PURCHASE FINANCING AWARDED TO GOVERNMENT CAPITAL CORPORATION AT THE EFFECTIVE RATE OF 5 33%, APPROXIMATE FINANCING CHARGES EQUAL $88,678 44) 14 NO 2001-124 Ab' ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER TWO T£ THE PERSONAL SERVICES CONTRACT PROVIDING TECHNICAL SUPPORT FCR RIGHT-OF-WAY ACQUISITION ASSOCIATED WITH US 77 ROAD W~DEN1NG PROJECT BETWEEN THE CITY OF DENTON AND ROGER WI LKINSON, PROVIDING FOR AN INCREASE IN THE SCOPE OF WORK AND A} [ INCREASE IN THE PAYMENT AMOUNT, AND PROVIDING AN EFFECTIVE DJ ~TE (PURCHASE ORDER 92249-01 TO ROGER WILKINSON IN THE AMOUNT O~ $145,000 PLUS CHANGE ORDER TWO IN THE AMOUNT OF $48,600) 15 NO 2001-125 Al ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC W }RKS CONTRACT FOR THE CONSTRUCTION FOR RE-ROOFING OF CITY H~ LL WEST, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, A1 ~D PROVIDING FOR AN EFFECTIVE DATE (BID 2637 - RE-ROOFING OF CITY H~ ~LL WEST AWARDED TO C D MCKAMIE COMPANY, JUSTIN, TX, IN THE Al/IOUNT OF $120,000 00 ) 16 NO 2001-126 A~[ ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A C~ ~NTRACT FOR THE PURCHASE OF A 2000 GPM PUMPER FIRE TRUCK, PI OVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND P! [OVIDING AN EFFECTIVE DATE (BID 2626 - 2000 GPM PUMPER FIRE TRUCK hrARDED TO KME FIRE APPARATUS/FIRESTORM, LLC IN THE AMOUNT OF 17 NO 2001-127 A~I ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF WATER TREATMENT C ?IEMICALS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, A.XlD PROVIDING AN EFFECTIVE DATE (BID 2639 - WATER TREATMENT C ~EMICALS AWARDED AS LISTED IN THE ANNUAL ESTIMATED AMOUNT (3 $632,000) City of De,ton City Councd Minutes March 27, 2001 Page 6 18 NO 2001-128 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE RECYCLING OF APPLIANCES/CHLORINATED FLUOROCARBONS (CFCS) AND POLYCHLORINATED BIPHENYLS (PCBS), PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2642 - APPLIANCES/CFC/PCB RECYCLING AWARDED TO WESLEY SALVAGE AT $11 95 PER APPLIANCE, ANNUAL ESTIMATED AMOUNT OF $25,000) 19 NO 2001-129 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PREPARATION AND PAINTING OF PIPING AND STACK FOR UNIT 4 & 5, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2643 - PREPARATION AND PAINTING OF UNITS 4 & 5 PIPING AND STACK AWARDED TO A-AGAPE CONTRACTING, INC IN THE AMOUNT OF $19,800) 20 NO 2001-130 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF PUBLIC SAFETY MOBILE DATA COMPUTERS (MDC'S) WIRELESS DATA SERVICE WI-IICH IS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS, AND PROVIDING AN EFFECTIVE DATE (PO 10760 - AT & T WIRELESS SERVICES IN THE AMOUNT OF $71,966 03) 21 NO 2001-131 AN ORDINANCE APPROVING AND AUTHORIZING THE FIRST AMENDMENT TO THE EMPLOYMENT AGREEMENT WITH CITY MANAGER MICHAEL W JEZ, ACCEPTING THE CITY MANAGER'S RESIGNATION, PROVIDING FOR THE PAYMENT OF BENEFITS AS SET FORTH IN THAT AGREEMENT, RATIFYING PRIOR ACTIONS, AND PROVIDING FOR AN EFFECTIVE DATE 22 Th~s 1tern was pulled from consideration PUBLIC HEARINGS 23 The Council held a public heanng and considered adoption of an ordinance granting approval of a sub-surface use of a port,on of the North Lakes Park on Bonme Brae Street south of Windsor Drive The mstallatmn of a Pubhc Drainage Easement m accordance w~th Chapter 26 of the Texas Parks and Wildlife Code, prowdmg for the ~ssuance of an easement and prowdmg an effective date The Mayor opened the public heanng City of Denton City Council Minutes March 27, 2001 Page 7 No one spoke during the public heanng Mayor closed the public hearing The following ordinance was considered NO 2001-134 AN ORDINANCE GRANTING APPROVAL OF A SUB-SURFACE USE OF A PORTION OF NORTH LAKES PARK FOR THE PURPOSE OF A DRAINAGE EASEMENT IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE, PROVIDING FOR A DRAINAGE EASEMENT, AND PROVIDING AN EFFECTIVE DATE Beasley motioned, Burroughs seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Brock "aye" Motion camed unammously 24 The Council held a public heanng and considered adoption of an ordinance granting approval of a surface use of a portion of the North Lakes Park on Bonnie Brae Street south of Windsor Drive The construction of a left turn lane and widening the street in accordance with Chapter 26 of the Texas Parks and Wildlife Code, providing for the issuance of an easement and providing an effective date Bob Tmkner, Supenntendent of Planning and Construction, stated that a traffic impact analysis had been done and it was determined that a left turn lane would be required An evaluation by the City and by the developer's engineer determined that the best arrangement would be to place the mm lane on the park side of the street as them was no dedicated right-of-way on Bonnie Brae The Mayor opened the public hearing No one spoke dunng the public heanng The Mayor closed the public heanng The following ordinance was considered NO 2001-133 AN ORDINANCE GRANTING APPROVAL OF A SURFACE USE OF A PORTION OF THE NORTH LAKES PARK ALONG BONNIE BRAE STREET 1000 FEET SOUTH OF WEST WINDSOR DRIVE FOR THE PURPOSE OF A PUBLIC STREET IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE, PROVIDING FOR A STREET DEDICATION EASEMENT, AND PROVIDING AN EFFECTIVE DATE City of DeCaton City Council Minutes March 27,, 2001 Page 8 Cochran motioned, Burroughs seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Brock "aye" Motion earned unammously ITEMS FOR INDIVIDUAL CONSIDERATION 25 The Council considered adoption of an ordinance approving an mrport lease agreement between the C~ty of Denton and Mr Jack Faas for use of a portion of the Denton Munlmpal Airport for commercml hangar/office and related services, and providing an effective date Mark Nelson, Airport Manager, stated that this was a standard 30 year lease agreement that would provide $2,700 per year m revenue, would increase the tax base at the Airport and increase the number of mmraft based at the Airport The following ordinance was considered NO 2001-134 AN ORDINANCE APPROVING AN AIRPORT LEASE AGREEMENT BETWEEN TIlE CITY OF DENTON AND MR JACK FAAS FOR USE OF A PORTION OF THE DENTON MUNICIPAL AIRPORT FOR COMMERCIAL HANGAR/OFFICE AND RELATED SERVICES, AND PROVIDING AN EFFECTIVE DATE Beasley motioned, Young seconded to adopt the ordinance On roll vote, Beasley "aye", Burrough~ "aye", Cochran "nay", Durrance "aye", Young "aye", and Mayor Brock "aye" Motion earned w~th a 5-1 vote 26 The Council consadered approval of a resolution of the City of Denton, Texas supporting the request of the University of North Texas to the Texas Higher Education Coordinating Board to grant attthonty to implement undergraduate and graduate eng~neenng educational and research program, and declanng an effective date Perry McNelll spoke regarding the issue The following resolution was considered NO R2001-012 A RESOLUTION OF TIlE CITY OF DENTON, TEXAS SUPPORTING THE ~P~pQ~ST OF THE UNIVERSITY OF NORTH TEXAS TO THE TEXAS HIGHER UCATION COORDINATING BOARD TO GRANT AUTHORITY TO LEMENT UNDERGRADUATE AND GRADUATE ENGINEERING EDUCATIONAL AND RESEARCH PROGRAM, AND DECLARING AN EFFECTIVE DATE Coehran motioned, Burroughs seconded to approve the resolution On roll vote, Beasley "aye", Burroughs "aye", Coehran "aye", Durrance "aye", Young "aye", and Mayor Brock "aye" Motion earned unammously City of D~nton Clty Council Minutes March 27, 2001 Page 9 27 The Council considered adoption of an ordinance adopting a procedure for adoption of the Denton Development Code, a comprehensive rewrite of the City of Denton's development regulations pursuant to Texas Local Government Code Section 211 006, and providing for an effective date Dave Hill, Assistant City Manager for Development Services, stated that this ordinance was prepared In chreet response to Council d~reet~on at the most recent work session The ordmanee would need to be approved by a 2/3's vote that would be 5 of the 6 affirmative votes Sections 2-5 dealt w~th the relationship between the Council and Planning and Zonang Commission dunng the process and the Council to have the ~ntent to have the Commission rewew the Code first and then con~anue w~th Council dehberatIon By April 25th and no later that May 2ha, the Commission was to submit xts report on the Code to the Council A ~Aths vote was not required to overrule a recommendation by the Commission and failure of no action by the Commission would not eonstaute a denial by the Commission A final public hearing would be held but no date had been set The procedure for the final public heanng was addressed in the ordinance Edwin Fulton spoke regarding the ~ssue The following ordinance was considered NO 2001-135 AN ORDINANCE ADOPTING A PROCEDURE FOR ADOPTION OF THE DENTON DEVELOPMENT CODE, A COMPREHENSIVE REWRITE OF THE CITY OF DENTON'S DEVELOPMENT REGULATIONS PURSUANT TO TEXAS LOCAL GOVERNMENT CODE SECTION 211 006, AND PROVIDING FOR AN EFFECTIVE DATE Durrance motioned, Burroughs seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Coehran "aye", Durranee "aye", Young "nay", and Mayor Brock "aye" Motion earned with a 5-1 vote 28 The Council considered adoption of an ordinance authorizing the City Manager to sign the first amendment to the contract for professional legal services between the City of Denton and Karger Key, Barnes and Spnnger, LLP to provide legal services with respect to an Open Records request and related servxces, ratifying prior actions, and providing an effective date The following ordinance was consxdered NO 2001-136 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SIGN THE FIRST AMENDMENT TO THE CONTRACT FOR PROFESSIONAL LEGAL SERVICES BETWEEN THE CITY OF DENTON AND KARGER KEY, BARNES AND SPRINGER, LLP TO PROVIDE LEGAL SERVICES WITH RESPECT TO AN OPEN RECORDS REQUEST AND RELATED SERVICES, RATIFYING PRIOR ACTIONS, AND PROVIDING AN EFFECTIVE DATE City of D~nton City Council Minutes March 27, 2001 Page 10 Burroughs motioned, Beasley seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "aye", Young "aye", and Mayor Brock "aye" Motion carried with a 5-1 vote Council Member Cochran stated that the Council should not hire an attorney to deny public access records 29 The Council considered nominating members to the Denton County Housing Finance Corporation Consensus of the Council was to nominate Phil Galhvan to replace Bob Castleberry who did not wish to continue serving plus nominate the other cmrent members 30 The Council considered appointments to the Webslte Task Force Mayor Pro Tern Beasley appointed Juhe Ray Mayor Brock appointed Jennifer Hurte 31 New Business The following items of New Business were suggested by Council for future agendas A Council Member Young suggested staff pursue the idea presented by Bob Clifton regarding the TI building and the light rail electric train B Council Member Young suggested staff look tnto the idea of widening of the road by Bell Avenue and Robertson 32 Items from the City Manager Interim City Manager Martin did not have items for Council 33 Council contanued in a Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act 34 There was no official action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas Open Meetings Act Following the completion of the Special Called Session, the Council convened In a Work Session m the Council Work Semon Room 1 The Councal received a report, held a discussion and gave staff direction regarding proposed changes to City Ordinance - Chapter 26 - Utiht~es These proposed changes reflect changes in the operations, technology, and customer needs, and are in preparation for deregulation City of De~nton City Council Minutes Mamh 27, 2001 Page 11 Susan Croft, Customer Service Manager, stated that changes to the utflmes ordinance were needed to reflect current customer sennee operational needs The specific changes were noted in the agenda materials Mayor Brock asked about the reduction m payment due date and tenmnatlon of servme Croft stated that the system currently provaded for a full month and 15 days before a customer was contacted regarding a past due payment The proposed change would allow for a more normal tame for bflhng wath the bill due m 14 days and prowded 5 days for commumcatmn Cotmcfl d~scussed the assessment of a penalty for past due and deferred payments A concern was expressed that ~t maght not be the proper t~me to institute an ,ntemst charge for late payments A concern was also expressed about shortemng the termlnataon notme period Consensus of Council was to return w~th defimte figures regarding penalty fees, termination not~ces and anterest fees Consensus was to also ehm~nate the penalty clause, keep the mterest charge and extend the tenmnat~on not~ee to 30-35 days 2 The Cotmcfl receaved a report, held a dlscussaon and gave staff direction on the appmntment of a task force to study racaal profihng in Denton Gary Matheson, Pohce Chaef, stated that before the ~ssue of racaal profihng could be resolved, the definmon of racaal profihng and a valid method of ~dentlfymg racial profihng was needed to be agreed on by the law enfomement profession and the cat~zens of Denton If them was a Council consensus for a task force, there needed to be a determination on the selection of memberslup, how those members would be selected, who would be selected and the number of members lon the task fome The scope of study needed to include the anthonty of the task fome, the masslon/goal of the task fome and reportang gmdehnes He also suggested that the estabhshment of the task rome be delayed tmtfl the result of pending legaslat~on and the results of the Southwest Law Enfomement Instatute Project were known Mayor Brock suggested a c~t~zen commattee that could pass ~nfonnat~on along to the Council or the Pohee Department regarding potentml ramal profihng complmnts That group could formulate a defimt~on of racml profilmg ~n Denton and look at ways to gather information Council suggestaons mcluded defining a catazen group to receive complmnts, work on data collectaon, define what racial profiling was in Denton, define the parameters of the task of the group, and who would be included in the group Consensus of the Council was to schedule this ~tem at the next work session dunng which tame the Council would determine what it would hke to have regarding the parameters of the task force 3 The Council receaved a report, held a dascuss~on, and gave staff d~rect~on regarding the C~ty of Krum's request for release of Caty of Denton extraterritorial j unsdmtlon Dave Hill, Assistant Caty Manager for Development Services, reviewed the site location He revaewed the detmls of the request as noted m the agenda materials City of Denton City Cotmcfl M~nutes March 27, 2001 Page 12 Consensus of Council was to set a defimte boundary through an ~nterlocal agreement and to monitor future proceedings With no further business, the meeting was adjourned at l0 40 p m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET Agenda Itep~, ~ "'/ Date_ ~//~'/ff/ AGENDA DATE: April 17, 2001 DEPARTMENT. City Manager's Office CM Howard Martin, Interim City Manager, 349-8307 SUBJECT An ordinance of the City of Denton, Texas pursuant to Section 20-1 of the Code of Ordinances of the City of Denton, Texas, an exception to the limitations imposed by that section with respect to hours of operation of an amplified loudspeaker system and providing an effective date (Relay for Life) BACKGROUND The City Council has granted a noise exception to the Denton Unit of the American Cancer Society for the Relay for Life event for the past five events The Relay for Life is traditionally held in the spring of each year scheduled in April or May The event has been held at University of North Texas Fours Field The ordinance provides a three- month period (April through June) in which the event can be held The three-year exception will cover the 2001, 2002, and 2003 Relays for Life This year's event is the sixth annual Relay for Life at the University of North Texas' Fouts Field on Saturday, May 19, 2001, from 12 00 p m (noon) to 1 00 a m Teams made up often to fifteen participants representing all areas of the community will walk or run on the track for twelve hours Each team member solicits donations to sponsor them in this event Last year sixty-five teams participated in the Relay for Life During the entire time, a full schedule of games, activities, music and ente~amment will be in progress on the football field The main source of noise will be from amplified sound from the stadium loudspeakers for announcements and entertairanent This event was held last year at Fours Field and no complaints were received As you know, the no]se ordinance declares loudspeakers, amplifiers, and musical instruments a noise nuisance, particularly after 10 00 p m Monday through Saturday and anytime on Sunday (Attachment 3) The ordinance does, however, provide that the City Council may make exceptions when the public interest is served The organizers have been informed that should Council approve this request, responsible use of the amplified sound is still reqmred by Section 20-1 of the City of Denton Code of Ordinances In particular, Section 20-1 (a) states Relay for Life April 17, 2001 Page 2 It shall be unlawful for any person to make or cause any unreasonably loud, d~sturbmg, unnecessary noise which causes or may cause material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof OPTIONS Ordinance can be approved as proposed 2 Ordinance can be approved with amendments 3 Grant an one year Noise Exception 4 Noise Exception can be denied PRIOR ACTION/REVIEW (Council, Boards, Commissions) The City Council granted an Exception to the Noise Ordinance on October 3, 1995, April 15, 1997, March 3, 1998, March 23, 1999, and April 18, 2000 for respective Relay for Life events FISCAL INFORMATION None Respectfully submitted Betty W~llhams Director, Management and Pubhc Information Prepared by Rodney Mitchell Management Assistant Attachments 1 Proposed Ordinance 2 Request from LaVona Duryea, Co-Chmrman Relay for Life Committee 3 Map 4 Noise ordinance S \Our Documents\Ordmances\01Xrelay for hfe doc ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PURSUANT TO SECTION 20-1 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, AN EXCEPTION TO THE LIMITATIONS IMPOSED BY THAT SECTION WITH RESPECT TO HOURS OF OPERATION OF AN AMPLIFIED LOUDSPEAKER SYSTEM, AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Section 20-1 of the Code, Denton Umt of the American Cancer Somety has made apphcatlon to the C~ty Council for an exception to the prows~on of that same section restricting the operation of amphfied loudspeakers after 10 00 p m, ~n connection with the Relay for Life act~wtles annual event held at the Umverslty of North Texas Fouts F~eld, and ~n connection w~th said request, has requested the exception to be granted on an ongoing bas~s for smd annual event at smd location for one day between April 1 and June 30 of each year, and WHEREAS, upon prior apphcat~on and approval by the City Council of the City of Denton, Texas, Denton Unit of the American Cancer Society has consistently demonstrated over the past three years an ability to responsibly operate amphfied loudspeakers ~n connection with Relay for Life annual event held at Umvers~ty of North Texas Fouts F~eld, at times past the hours defined ~n {}20-1 of the Code, within the public interest and w~thout materially disturbing persons of ordinary senmbfllt~es ~n the lmmedmte wclmty thereof, and WHEREAS, based upon th~s past h~story, the City Council of the C~ty of Denton, Texas finds that granting an exception for this annual event on an ongoing bas~s for a three-year period, subject to the resmctlons contmned herein, would serve the public interest, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That, pursuant to §20-1 of the Code of Ordinances, Denton Umt of the American Cancer Society is hereby granted an exception to this section's 10 00 p m hmltatton upon the operation of amplified loudspeakers, subject to the conthtlons hsted below 1 Tlus exception ~s granted only m connection with the operation of the Relay for Life act~mtles annual event at Umverslty of North Texas Fouts F~eld, for one day between April 1 and June 30 of each year 2 Denton Unit of the American Cancer Society agrees to take full responsibility for ensunng that the contht~ons of this exception are met, and to take all reasonable measures necessary to avoid thsturbmg persons of ordinary sensibilities m the ~mmethate vmmlty of the event S \Our Documents\Ordmances\O l\r~lay for life doc 3 Denton Unit of the American Cancer Society agrees to cease umng amplified loudspeakers at 12 00 mldmght Monday through Thursday, 1 00 am Friday and Saturday and 11 00 p m on Sunday 4 Under no mmumstances shall the annual event employ the use of amplified loudspeakers between the hours of 1 00 a m and 7 00 a m 5 T/ms ordinance confers no personal or property rights, and may be amended, modified, superseded or revoked in whole or in part at the will of the City Council of the City of Denton, Texas, without any advance warning, heanng or compensation, for any reason at all, or for no reason 6 This ordinance shall be strictly construed as an exception granted pursuant to {}20-1 of the Code of Ordinances of the City of Denton, Texas The City of Denton, Texas expressly reserves unto itself and all other persons any and all legal remedies, civil or criminal, relating to excessive noise in corlnection with fins annual event, and hereby dlsclmms any promissory or eqmtable estoppel wtuch might in any way impede the pursmt of such remedies by any person SECTION 2 That this ordinance shall become effective immediately upon its passage and approval, and expire three years hence, unless sooner repealed, modffied or rescinded PASSED AND APPROVED fins the . day of ., 2001 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 4 RELAYql M ch 3, 2001 Caty of Denton C~ty Conncll 215 East Mcganney Denton, Texas 76201 Caty of Denton Council Members The Denton Umt of the American Cancer Somety ~s planmng its s~xth annual Relay for L~fe event, winch is a ftmdrmser to benefit cancer research, education, and patient services This year's event will be held on Saturday, May 19, 2001, at Fouts F~eld on the UNT campus, from 12 00 noon until 1 00 a m Teams made up often to fifteen participants representing orgamzat~ons from LINT, TWU, schools, churches, businesses, and local clubs will walk or run on the track for twelve hours Each team member sohc~ts donations to sponsor them ~n tins event Last year s~xty-eaght teams parhc~pated ~n the Relay Corporate Sponsors of this event ~nclude Denton Record-Chromcle, Denton Regional Medical Center, Denton Commumty Hospital, Andrew Corporation, Texas Bank, Walmart, Duryea Mowng & Storage, F~rst State Bank, and many others Last year tins Relay rinsed $108,000 00 The goal tins year ~s $125,000 00 Dtmng the event, a full schedule of games, act~wt~es, musm, and entertmnment will be an progress on the football field The stadium sound system will be used, and also a smaller sound system on the stage Several bands and ~n&vldual performers are scheduled to perform dunng the evemng After dark there will be a Lmmnana servme wath special hghtmg and music to honor cancer survivors and remember those who lost their battle agmnst tins homble d~sease We are hereby requesting an exception to the C~ty Sound Ordinance from 10 00 p m until I 00 a m on Saturday, May 19, 2001 We do not beheve our Relay act~wt~es wall be a &sturbance to area resadents The closest restdenttal area ~s approximately two blocks north ofFouts F~eld The anterstate as to the south and west, and UNT ~s to the east Last year the C~ty of Denton Caty Council gramously approved this exception request, and there were no reports of excessave no,se 1E-7795 07 I would be available to appear at a City Council meeOng to answer quesUons or provide add~tlonai mformataon concerning the event Please call at (940)612-1440, or (940)591- 9362 iYour consideration of this Sound Ordinance exception is greatly apprecmted Thank lYOU Smcerely, LaVona Duryea, Chmrmlfn Relay for Life 2001 6 Chapter 20 NUISANCES* Art I In General, §§ 20-1--20-30 Art II. Abandoned Property, §§ 20.31--20-70 D~v 1 Generally, §§ 20-31--20 40 D~v 2 Motor Veincles, §§ 20-41--20-70 Art III. Grass and Weeds, §§ 20-71--20-73 ARTICLE I. IN GENERAL Sec 20.1. Noise (a) It shall be unlawful for any person to make or cause any unreasonably loud, d~sturblng, unnecessary no~se winch causes or may cause material dmtress, d~scomfort or injury to persons of ordinary sens~inhtms ~n the ~mmedmte VlClmty thereof (b) It shall be unlawful for any person to make or cause any nmse of such character, intensity and continued duration as to substantially interfere w~th the comfortable enjoyment of private homes by persons of ordinary senslbd~t~es (c) The following acts, among others, are declared to be no~se nmsances ~n wolatmn of tins Code, but such enumeration shall not be deemed to be excins~ve (1) The playing of any phonograph, telewsmn, radio or any musical ~nstrmnent m such manner or vnth such volume, particularly between the hours of 10 00 p m and 7 00 a m, as to annoy or d~sturb the quiet, comfort or repose of persons of ordinary sens~bd~tles in any dwelhng, hotel or other type or residence, (2) The use of any stationary loudspeaker, amphfier or musical ~nstrument m such manner or with such volume as to annoy or dmturb persons of ordinary sens~b~ht~es In the ~mmed~ate wcimty thereof, particularly between the hours of 10 00 p m and 7 00 a m, or the operation of such loudspeaker, amphfier or musical ~nstrument at any t~me on Sunday, provided, however, that the c~ty council may make exceptions upon apphcatmn when the public ~nterest will be served thereby, (3) The blowing of any steam winstle attached to any stationary bo~ler or the blowing of any other loud or far reacinng steam whistle within the city hm~ts, except to g~ve not~ce of the t~me to beg~n or stop work or as a warmng of danger, (4) The erectmn, excavation, demoht~on, alteratmn, or repair work on any braiding at anytime other than between the hours of 6 00 a m and 8 30 p m Monday through Friday from June I to September 30, between 7 00 a m and 8 30 p m Monday through Friday from October 1 to May 31, between 8 00 a m and 8 30 p m on *Cross references-Protected migratory bird roosts declared nuisance, § 6-87, mspec- t~on and abatement warrants, § 19-86 et seq, insect and rodent control m mobile home and recreatwnal vehicle parks, § 32 91 Supp No 6 1389 § 20 1 DENTON CODE Saturday, and between I 00 p m and 8 30 p m on Sunday, provided, however that the city counal may issue special permits for such work at other hours in case of urgent necessity and In the interest of public safety and convenience (5) The creataon of any loud and excesmve nmse ~n connectwn w~th the loading or unloading of any vehicle or the openIng or destruction of bales, boxes, crates or containers, (6) The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by the creation of noises to any performance, show, theatre, motion pwture house, sale of merchandise or d~splay winch causes crowds or people to block or congregate upon the mdewalks or streets near or adlacent thereto (Code 1966, §9 14-20, 14-21, Ord No 95-184, 9 I, 9-12-95) Cross reference--Animal no~se, 9 6-26 Sec 20-2. Odors (a) It shall be unlawful for any person to create or cause any unreasonably noxious, unpleasant or strong odor which causes material distress, d~scomfort or injury to persons of ordinary sens~inhtles in the unmedlate vlclmty thereof (b) It shall be unlawful for any person to create or cause any odor, stench or smell of such character, strength or continued duratwn as to substantially ~nterfere with the comfortable enjoyment of pnvato homes by persons of ordinary senslbfl~hes (c) The following acts or conditions, among others, are declared to be odor nmsances ~n wolahon of this Code, but such enumeratmn shall not be deemed to be exclusive (1) Offensive odors from cow lots, hog pens, fowl coops and other s~mflar places where ammals are kept or fed which d~sturb the comfort and repose of persons of ordinary sensibilities, (2) Offensive odors from privies and other s~mflar places, (3) Offensive odors from the use or possessmn of cheancals or from mdustrml processes or act~wtles winch d~sturb the comfort and repose of persons of ordinary senmbdRles, (4) Offensive odors from smoke from the burning of trash, rubbish, rubber, chemicals or other tinngs or substances, (5) Offensive odors from stagnant pools allowed to remain on any premises or from rotting garbage, refuse, offal or dead ammals on any premises (Code 1966, 99 14-22, 14-23) Sec. 20-3. Garbage, trash and rubbish nuisances--Generally. (a) Storlng or keeping garbage, trash and rubbish The storing or keeping of any and all stacks, heaps or piles of old lumber, refuse, junk, old cars or machinery or parts thereof, garbage, trash, rubbish, scrap materml, ruins, demobshed or partly demohshed structures or braidings, piles of stones, bricks or broken rocks on any premises bordering any pubhc street Supp No 6 1390 9 Aoenda It,er~t ~? AGENDA INFORMATION SHEET AGENDA DATE: April 17, 2001 DEPARTMENT' Ut~hty Administration ACM Howard Martin, 349-8232 ~ SUBJECT Consider approval of an Ordinance of the City of Denton Texas approving and anthonzIng the Cl~y Manager to execute a first amended professional services agreement with Freese and Nichols, Ine for engmeenng services pertaining to the construction phase and post construction phase for the City of Denton lake Ray Roberts Water Treatment Plant, anthonzlng thc expenditure of funds therefore, and prowdlng an effective date BACKGROUND: The Final Design Plans and Specifications for the Lake Ray Roberts Water Treatment Plant (LRRWTP) were recently completed and the project was released for bids on Monday, February 26, 2001, Bid opemng for the project was Tuesday, March 27th, 2001 The current construction schedule for the project is detailed in Exlub~t II Near the completion of the Prehmmary Design Report (PDR), staff lnsWucted Freese & Nichols Inc, to prepare a proposal for eng~neenng services to complete the detmled design of the facilities, prepare englneenng plans and specifications, prepare contract and bid documents, provide basic and special services dunng the construction phase, and assist the City of Denton dunng the start up phase of the project After receiving the original proposal, staff requested revisions and made suggested changes to flus proposal to reduce the total cost and to negotmte a fmr and ,reasonable fee for the City of Denton to complete this project Staff recommended approval, of the revised proposal but only authorized the scope of services for the Final Design Phase of the project and for general representation dunng the construction phase This scope of services ,was included m the Profesmonal Services Agreement (PSA) that was approved by the PUB on ~Vlay 1, 2000 and the C~ty Council on May 16, 2000 The cost breakdown ofttus PSA is summarized below 1 The Final Demgn Services Proposal in the amount of $ 1,696,162 2 The Bas~c Serwces Proposal during construct]on in the amount of $ 248,173 3 The Special Servxces Proposal during the design phase in the amount of $ 218,594 Total amount not to exceed $ 2,162,929 In negotiating engmeenng servtces agreements for pro3ects, staff uses a widely recogmzed reference document prepared by the Consulting Engineers Council of Texas (CEC) and the Texas Society of Professional Engineers (TSPE) titled A Gutde to the Selectton and Negottatton Process for Professtonal Engineermg Servtces, (1993) Engmeenng fees for construction projects are frequently negotiated on the basis of a percentage of the estimated construction cost of the project The PDR estimated the construction cost of the 20-mgd plant facilities including the raw water pumpmg station, ozonatlon facilities, ground storage and high service pumping station faelhtles to be 34 8 million dollars The revised construction cost estimate for the project at the completion of the design phase is 33 1 million dollars This revised cost estimate included a 1 3 milhon dollar reduction for the 42" raw water pipeline that will be included m the bids for the 54" Treated Water Transmlssmn Plpehne project to be released for bids within the next 4 to 6 months The cost estimate was further reduced due to the SCADA configuration contract with Montgomery Watson that was recently approved by the PUB and City Council The PSA with Montgomery Watson I_nc, for the SCADA configuration totaled $ 442,046 A detailed breakdown of the estimated constmctlon cost for these facilities is included in Exhibit III Dunng the fee negotiations that lead to the PSA with Freese and Nichols, Inc, for the design phase, staff also received a proposal for special services dunng the construction phase and post construction phase services needed to complete the project Staff elected not to recommend these scope xtems at that time and to defer these items until the design was completed and the project was being released for bids Key scope items that staff wanted to further evaluate were · The qualffieatlons and level of staff mvolvement in the construction inspection needed for the project · The selection of the materials testmg firm to be used dunng the construction phase · The level of staff involvement with the regulatory reqmrements dunng the start up phase of the plant, including the TNRCC required O&M manuals, tracer studies and EPA reqmred Risk Management Plans At the completion of the design phase and after further consideration on these issues, staff negotiated a proposal from Freese and Nichols Inc, in the total amount of $ 1,005,395 Tbas proposal was presented to the PUB on March 5, 2001 with a staff recommendation for approval The pLrB tabled the item and requested that staff Investigate their concerns about possible overlap in scope between the existing design services contract and the construction phase pro fesslonal services proposal The PUB also requested that staff renegotlate the multiplier used for the Resident Representative portion of the contract The revised proposal (Exlublt IV) represents staff's efforts in workmg w~th Freese and Nichols to try and address the PUB's comments and concerns Exhibit V includes background information and supporting data from Freese and Nichols Inc, to address the issues rased by the PUB and to state their revised posmon concermng the Resident Representative multiplier The revised proposal includes staff's recommended levels of support needed to complete the project and carry it through construction and start up The resume for the Semor Resident Representative that will be provided for the contract has been mcluded (Exhibit VI) The City of Denton will provide a construction project manager (Alberto Lopez) and a clerical support staff member for the project to complete the onslte inspection team Freese and Nichols Inc, will contract with a local firm, Isbell Engmeenng, for the materials testing needs for the project Staff ~s prepared to discuss the details concernmg each of the specffie scope items and the merits of contractmg w~th Freese and 2 Nichols, lnc, for these services The cost breakdown for the renegotlated professional services proposal is summarized below Task 2A Resident Representation Dunng Construction $ 651,128 Task 3 Post Construction Phase Services $ 209,581 Task 4A Special Services Dunng Construction $ 126,381 Total $ 987,090 The proposal is based upon a salary cost times multiplier plus direct nonsalary expense The total engmeenng fees for these professional services represents approximately 2 8 % of the construction cost of the project The mspectlon services for the project dunng the construction phase include materials testing, full time onslte resident representation and specialty inspection services There are also provisions in the contract for extension of these services if the construction phase extends beyond the 24-month time allowed within the contract The total cost of these services represents approximately 2 2 % of the estimated construction cost for the project The post constmctaon services include a menu of services related to regulatory compliance and start up assistance and represents 0 6 % of the construction cost estimate The revised proposal represents an $ 18,305 reduction in the costs associated with the construction phase services OPTIONS. Approve the professional services proposal for the final design as submitted Recommend desired changes to the proposal for consideration by staff and request renegotlatlons w~th Freese & Nichols, Inc RECOMMENDATIONS. Staff recommends approval of the professional services proposal as negotiated by staff and subrmtted by Freese & Nichols, Inc The cost breakdown for the professional services are summarized below Task 2A Resident Representation Dunng Construction $ 651,128 Task 3 Post Construction Phase Services $ 209,581 Task 4A Special Services Dunng Construction $ 123,381 Total $ 987,090 PRIOR ACTION REVIEW (COUNIL~ BOARDS, COMMISSION) PUB August 23, 1999 - Discussion on the LRRWTP cost update and 10-mgd vs 20-mgd plant constmctlon October 4, 1999 - Approval of the prehmmary design contract with Freese & Nichols, Inc January 24, 2000 - Receive an update from staff on the major decisions and recommendations from the prehmlnary design report workshops April 3, 2000 - Approval of the preliminary design report as prepared by Freese & Nichols, Inc May 1, 2000 - Approval of the professional serwces proposal from Freese & Nichols, Inc, for the final design of the LRRWTP and related faclhtms February 5, 2001 - Approval of the professional services proposal from Montgomery Watson, Inc, for the configuration of the SCADA system and process control system March 5, 2001 - Consider the professional servmes proposal from Freese & Nichols, Inc, for the construction and post construction phase of the LRRWTP project March 19, 2001 - Approval of the professional services proposal from Freese & Nichols [nc, for the construction phase and post-construction phase of the Lake Ray Roberts Water Treatment Plant Th~s item was approved unammously with a vote of S-0 City Council August 24, 1999 -Discussion on the LRRWTP cost update and 10-mgd vs 20-mgd plant construction November 2, 1999 - Approval of the prehmlnary design report contract wnh Freese & Nichols, Inc February 8, 2000 - Receive an update from staff on the major decisions and recommendatmns from the prehm~nary design report workshops April 11, 2000 - Receive an update from staff on the prehm~nary design report as prepared by Freese & Nichols, [nc Apnl 18, 2000 - Approval of the prehmlnary design report as prepared by Freese & Nmhols, Inc May 16, 2000 - Approval of the professional services proposal from Freese & Nichols, Inc, for the F~nal Design of the LRRWTP and related facthtms February 20, 2001 - Approval of the professional services proposal from Montgomery Watson, [nc, for the configuration of the SCADA system and process control system ESTIMATED SCHEDULE OF PROJECT. The plant should be operational by the spnng / early summer of 2003 The current schedule for the project is detmled in Exlublt II FISCAL INFORMATION The esUmated construction cost for the project ~s $ 33,056,084 A cost summary for the project is detatlcd below Preliminary Design Phase PSA with Freese and Nmhols, Inc $ 142,700 Final Design Phase PSA with Freese and Nichols, Inc $ 2,162,929 SCADA Configuration Sermcas PSA with Montgomery Watson, Inc $ 442,046 Construction and Post Construction Phase PSA w~th Freese and Nichols, Inc $ 987,090 4 Construction Cost Estnnate for LRRWTP and related facflltaes $ 33,056,084 Construction Cost Estimate for 42" Raw Water P~pehne $ 1,319,700 Project Total (not including in-house serwces) $ 38,110,549 The following funds were budgeted for the project in the Capatal Improvements Program FY 2000 - #00-0460A01 Ray Roberts WTP and Raw Water Facflmes $ 3,580,000 FY 2001. #0460-G-1 Ray Roberts WTP and High Serwce Pump Statmn $ 36,000,000 Existing bonds sold dunng FY 2000 and proposed bond fund sales for FY 2001 will be used to fund the project Bond Fund Summary FY 2000 - All Water Fund Projects $ 21,171,500 FY 2001 - Ail Water Fund Projects (Proposed) $ 29,010,000 Total $ 50,018,500 Based upon the current estimated construction costs ~dentlfied for this project in the final design phase and the recent rate proformas prepared by staff dunng the FY 200t budget process, this project can be funded wathout an antlc~pated rate increase provided impact fee revenues match current projeeUons MAP' See Exlub~t I Respectfully submitted T~mothy S F~sher, P E Asmstant D~rector of Water Utilities Exhibit I - Location Map Exlublt II - Project Schedule Extub~t III - Construction Cost Estimate Exfublt IV - Construction Phase and Post Construction Phase Servmes Contract from Freese and Nmhols Ine Exhibit V - Letter From Freese and Nmhols Inc, D~scuss~ng Resident Representative Mult~pher and Remsed Proposal Exhab~t VI - Resume for Semor Resident ProJect Representative, Steve Wilson 5 Ray Robert~ Water Map ~EXHIBIT I ~nt P~t~ant OPINION OF PROBABLE CONSTRUCTION COST - Final SUMMARY OF COST - 20 MGD OZONE PLANT AND 80 MGD PUMP STATION FI~EESE ' NICHOLS DTN00343 RAW WATER PUMP STATINON AND PIPELINE iTEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL RAW WATER PUMP STATION $1,133 613 $1 133 613 RAW WATER ELECTRICAL BUILDING $56 300 $58 300 ELECTRICA!../INSTRUMENTAT ON $475,965 $475 965 20 MGD OZONE PLANT ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE' TOTAL RAW WATER METER VAULT 1 LS $81,100 $81,100 PUMPED DIFFUSION VAULT I LS $127,500 $127,500 SPLITTER BOX 1 LS $209,254 $209 254 FLOCCULATION AND SEDIMENTATION BASIN 1 LS $2,531 400 $2,531 400 OZONE FACILITY 1 LS $4,700,000 $4 700,000 FILTERS 1 LS $3,685 900 $3,685 900 AIR SCOUR SYSTEM 1 LS $477,289 $477,289 TRANSFER PUMP STATION 1 LS $808,000 $808,000 CHEMICAL STORAGE TANK AREA I LS $604,400 $604 400 CHEMICAl. FEED FACILITIES 1 LS $703,000 $703,000 CHEMICAL PIPE CHASE 1 LS $501,100 $501,100 ~NED CHEMICAL DRAIN PIT LS $28,600 $28,600 ,.,HLORINEAND AMMONIA STORAGE BUILDING LS $1 178 400 $1,178,400 SLUDGE LAGOON I LS $481,100 $481,100 WASHWAtER RECLAMATION BASIN 1 LS $336 400 $336 400 VASHWATER RECYCLE METER VAULT 1 LS $40,900 $40,900 ,,lAIN DRAIN SUMP 1 LS $143,900 $143 900 OPERATIONS BUILDING 1 LS $1 603,000 $1,603,000" SLURRY TRENCH 1 LS $338 000 $338,000 YARD PIPING 1 LS $965,000 $965,000 SITEWORK/PAVING 1 LS $917 100 $917,100 LANDSCAPING AND IRRIGATION 1,LS $65 000 $65 000 ADDITIONAL LANDSCAPING ALLOWANCE 1 LS $200 000 $200,00(3. E~ACKUP POWER LS $890 000 $890 000 *'" ELECTRICA!.JINSTRUMENTATION LS $3,173 478 $3,173 478 ...... $24 789 82.1 ,TOTAL COST , ~ .... ' ' 6 [DTN99479}t 1~2 EXHIBIT II OPINION OF PROBABLE CONSTRUCTION COST - Final SUMMARY OF COST - 20 MGD OZONE PLANT AND 60 MGD PUMP STATION :HOLS HIGH SERVICE PUMP STATION iTEM DESCRIPTION QUANTITy1 LUsNIT UNITPRICE I TOTAL I t60 MGD PUMP STATION /$3,763,000 $3,763,000 [ 16 MG STORAGE 1 LS $1,631 900 $1,631,900 [ IPLANT EFFLUENT METER VAULT 1 LS $113,900 $113 900 / IELECTRICAL/INSTRUMENTATION ILS $991,584 $991 584, ** INDICATES A REDUCTION OF $400,000 FOR INSTRUMENTATION INTEGRATION TO BE PERFORMED BY MONTGOMERY WATSON 7 [DTN99479}t ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGEK TO EXECUTE A FIRST AMENDED PROFESSIONAL SERVICES AGREEMENT WITH FREESE AND NICHOLS, rNC FOR ENGINEEKING SERVICES PERTAINING TO THE CONSTRUCTION PHASE AND POST- CONSTRUCTION PHASE FOR THE CITY OF DENTON LAKE RAY ROBERTS WATER TREATMENT PLANT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the C~ty Counctl deems ~t m the public interest to continue to engage Freese and N~chols, Inc, a Texas corporatmn ("F&N"), to prowde professtonal engmeenng servtces to the Ctty perta~mng to the construction phase and the post-construction phase for the C~ty of Denton Lake Ray Roberts Water Treatment Plant, and WHEREAS, the C~ty staffhas reported to the Ctty Council that there ~s a substantial need for the above-descnbed professional engmeenng serwces, and that lnmted City staff clearly cannot adequately perform the services and tasks with tts own personnel, and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", generally prowdes that a C~ty may not select a prowder of professional scrmces on the bas~s of competitive b~ds, but must select the prowder on the bas~s of demonstrated competence, knowledge, and quahfications, and for a fair and reasonable price, and WHEREAS, the City Council has prowded m ~ts Capital Improvement Plans for the appropriation of funds to be used for the purchase of the professional eng~neenng services, as set forth m the F~rst Amended Professional Services Agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Council approves, and the C~ty Manager ~s hereby anthonzed to execute a F~rst Amended Professional Services Agreement w~th Freese and N~chols, Inc, a Texas corporataon, for professional engmeermg services pertanung to the constmctton phase and the post-construction phase for the Ctty of Denton Lake Ray Roberts Water Treatment Plant, for an additional $987,090 00, in substantially the form of the F~rst Amended Professional Services Agreement attached hereto and incorporated herewith by reference SECTION 2 That the award of tins F~rst Amended Agreement by the C~ty ts on the bas~s of the continued demonstrated competence, knowledge, and quahficattons of F&N and the continued ab~hty of F&N to perform the services needed by the C~ty for a fair and reasonable price ~ECTION 3 That the expenditure of funds as prowded in the attached F~rst Amended Profesamnal Services Agreement m hereby authorized 10 EXHIBIT IV SECTION 4 That tlus ordinance shall become effective Lmmechately upon ~ts passage and approval PASSED AND APPROVED this the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By S \Our Documents\Ordinances\01 ~F&N F~rst Amended PSA Ord- Lake Pall. Wtr Ti:mt Plant doc STATE OF TEXAS § COUNTY OF DENTON § FIRST AMENDED PROFESSIONAL SERVICES AGREEMENT FOR ENGINEF2UNG SERVICES PERTAINING TO THE CONSTRUCTION PHASE A_ND POST-CONSTRUCTION PHASE FOR THE CITY OF DENTON LAKE RAY ROBERTS WATER TREATMENT PLANT THIS FIRST AMENDED AGREEMENT ts made and entered into as of the day of ,2001, by and between the City of Denton, Texas, a Texas Mummpal Corporatmn, with ~ts pnnclpal offices at 215 East McKmney Street, Denton, Texas 76201 (hereafter "OWNER") and Freese and Nichols, Inc, a Texas Corporation, with ~ts offices at 4055 International Plaza, State 200, Fort Worth, Texas 76109 (hereafter "CONSULTANT"), the pames acting hereto, by and through their duly-authorized representatives and officers WHEREAS, OWNER and CONSULTANT entered into a certain "Professional Services Agreement for Eng~neenng Servme Pertaining to the Prelmunary Demgn Phase of the Lake Ray Roberts Water Treatment Plant for the City of Danton, Texas" on the 2nd day of November, 1999, and WHEREAS, OWNER and CONSULTANT entered into a certain "Professional Services Agreement for Engmeenng Services Pertmmng to the Final Design of, the Preparation of Construction Plans and Spemficatlons for, and the Performance of Related Constmctton Phase Sernces for the City of Denton Lake Ray Roberts Water Treatment Plant" on the 16~' day of November, winch Agreement was approved by the City Council of the City of Denton, Texas on the 16~ day of May, 2000, by enacting Ordinance No 2000-174, and winch agreement is referred to as the "Agreemenf', and WHEREAS, at tins tune the Project is ready for the next phase, and the OWNER and CONSULTANT are ready to enter into a further "F~rst Amended Professional Servtces Agreement for Engineering Sm'woes Pertmmng to the Construction Phase and Post-Construction Phase for the City of Denton Lake Ray Roberts Treatment Plant", winch agreement ~s referred to as the "First Amended Agreement" hereafter, NOW, THEREFORE, WITNESSETH, that m cons~deratlon of the mutual prormses, covenants, agreements hereto, and m cons~derat,.on of the prermses, the parties hereto do mutually AGREE as follows ARTICI,R 1 EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services hereto m connection w~th the Project as stated m the Articles to follow, w~th dlhgence and m accordance with the professional standards customarily obtained for such sermces m the State of Texas The professional services set forth hereto are m connemon with the following described project (the "Project") 12 s,o.,~,,~n~.~.,~,~..~,~.~.,~.-~-~,*,~. Page 1 of 11 Professional engmeenng services pertmnmg to the Resident Representation of, the Post- Constructmn Phase Serwces of, and Special Services Dunng Construction of the 20 MGD City of Denton, Lake Ray Koberts Water Treatment Plant ARTTCT ,F, ]~ SCOPE OF SEKVICES The CONSULTANT shall perform the following Basic Services m a professional manner A To peffonn those professional serwces as set forth m the Scope of Services and Estimate of Hours and Costs --- Constructmn Phase and Post-Constructmn Phase Services" February 2001 [as modified on March 30,2001], prepared by CONSULTANT for OWNER, wluch document is attached hereto as Exlublt "A," and is incorporated herein by reference, wtuch document is compnsed of, and subchvlded into the followm§ sectmns 1 Narrative on Scope and Assumptions, 2 Scope of Services, and 3 Cost Proposal B If there is any conflict, or if any confhct arises between the terms of tlus F~rst Amended Agreement and Exlublt "A" attached to thru Agreement, the terms and contht~ons of tlus F~rst Amended Agreement shall control over the terms and conchtlons of the Exlublt ARTTCT ,17 ADDITIONAL SERVICES Any additional services to be performed by the CONSULTANT, if authorized by the OWNER, wluch are not included as Basic Serwces m the above-descnbed Scope of Services, set forth as provided by Article II above, shall be later agreed-upon by OWNER and CONSULTANT, who shall determine, mwntmg, the scope of such addltmnal services, the amount of compensation for such adchtlonal services, and other essential terms pertaining to the prowslon of such add~tlonal services by the CONSULTANT ARTICT ,F, TV PEP, IOD OF SERVICE Tins Agreement shall become effective upon execution by the OWNER and the CONSULTANT and upon the issuance of a notsce to proceed by the OWNER, and shall remain m force and effect for the period that may reasonably be reqmred for the completion of the Project, including Addmonal Servmes, if any, and any reqmred extensions approved bY the OWNER Tlus First Amended Agreement may be sooner temunated m accordance with the provisions hereof Tune is of the essence mttus F~rst Amended Agreement CONSULTANT shall make all reasonable efforts to complete the servmes set forth hereto as expeditiously as poas~ble and to meet the schedule reasonably estabhshed by the OWNER, acting through its City Manager, its Assistant C~ty Manager for Uttht~es, or Ins designee ARaRaT ,F~ V COMPENSATION COMPBNSATION TBRMS 1 "Subcontract Expense" is defined as those expenses, if any, recurred by CONSULTANT tn the employment of others tn outside fLrms, for services tn the area of profesmonal engtne~nng, or related services Any subcontractor or subconsultant bflltng reasonably tncurred by the CONSULTANT tn connectmn w~th the Project shall be tnvomed to OWNER at the actual cost plus ten percent 2 "P~rect Non-Labor Expense" m defined as that expense, based upon actual cost, for any out-of-pocket expense reasonably tncurred by the CONSULTANT tn the performance of tins F~rst Amended Agreement for long dmtance telephone charges, tele¢opy charges, messenger services, pnntmg and reproduction expenses, out-of-pocket expenses for pnrcin~ed computer tune, prudently tncurred ~ravel expenses related to the work on the Project, and mm~lar tnc~dental expenses tnCmTed tn ¢onnectmn with the Project BILLING AND PAYMENT For and tn ¢onmderatmn of the profesmonal sepaccs to be performed by the CONSULTANT hereto, the OWNER agrees to pay CONSULTANT, based upon the satmfactory completion of the Bamc Semces tasks set forth tn the Scope of Services as shown tn Amcle II above, as follows 1 CONSULTANT shall perform its work on tlus Project tn accordance vath the provmlons of those three (3) tasks wluch are descnbed as "Task 2A- ConstrucUon Phase ($651,128), Task 3- Post-Constmctmn Phase ($209,581), and Task 4A - Specml Services Dunng Constmctmn Phase ($126,381)" as set forth tn "Section B - Scope of Sermces" of Exlnb~t "A" as well as Exinb~t "C" attached hereto and tncorporated herewith by reference CONSULTANT shall be pard for services rendered pursuant to the F~rst Amended Agreement on the basra set forth as follows Compensatmn shall be Cost trines a Mult~pher vath a ceding basra for Tasks 2A and 4A Compensation shall be a lump sum for Task 3 Cotnpen~atmn shall be actual salary w~th an overall mult~pher of 3 2 for tn-office staff and 3 0 for the Remdent Representative The fee ceding ~s esUrnated ustng the compomte clasmficatton rates winch are ~denUfied as year 2001 and 2002 ua the Extub~t to the Agreetnent Tasks 2A and 4A are based on the 2001 rate Task 3 m based upon the year 2002 rate CONSULTANT shall ball from me sheets, on a once-tnonthly basra, tn nummum ¼ hour or smaller rune tncrements, at the hourly rates or as otherwme provided OWNER agrees to pay to CONSULTANT for ~ts profesmonal servmes performed, for ns Subcontractor Expense, and for ~ts Dtrect Non-Labor out-of pocket expenses tncurred tn the ProJect, a total aggregate amount of fees and expenses of $987,090 2 Parttal payments to the CONSULTANT wall be tnade monthly m accordance w~th the statements reflecting the actual completmn of the Bamc Servmes, rendered to and approved by the OWNER through ~ts C~ty Manager, or ~ts Asmstant C~ty Manager for Utilities, or Ins 14 ~,~,c~,,~,~ ~ ~,,~,~ ,,~ ~r~ ~ P age 3 of 11 designee However, under no c~rcumstances shall any monthly statement for services exceed the value of the work performed at the me a statement is rendered The OWNER may withhold the final ten (10%) percent of the above not-to-exceed amount unlal satmfactory completion of the Project by the CONSULTANT 3 Nottung contamed m flus Article shall reqmre the OWNER to pay for any work wbach is unsatisfactory as reasonably determined by the City Manager, or the Assistant City Manager for Utflltles or bas designee, or wbach ~s not subrmtted by CONSULTANT to the OWNER m comphance w~th the terms of tins F~rst Amended Agreement The OWNER shall not be reqmred to make any payments to the CONSULTANT at any time when the CONSULTANT is m default under ttus F~rst Amended Agreement 4 It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to tius F~rst Amended Agreement wbach would reqmre adchtmnal payments by the OWNER for any charge, expense or rermbursement above the not-to-exceed amount as stated heremabove, w~thout first having obtained the pnor written authonzatton from the OWNER CONSULTANT shall not proceed to perform any sermees to be later provided for under Amcle III "Add~tmnal Services" without first obtaining prior written authorization from the OWNER C ADDITIONAL SERVICES For additional services authorized m writing by the OWNER m Artacle llI heremabove, CONSULTANT shall be prod based on a to-be-agreed-upon Schedule of Charges Payments for addltaonal services shall be due and payable upon submission by the CONSULTANT, and shall be m accordance with Amcle V B heremabove Statements for Basle Services and any addlttonal servmes shall be subrmtted to OWNER no more frequently than once monthly D PAYMENT If the OWNER fails to make payments due the CONSULTANT for services and expenses wlthm sixty (60) days after receipt of the CONSULTANT'S unthsputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from and after the smd sixtieth (60th) day, and in adchtton, thereafter, the CONSULTANT may, after gavmg ten (10) days written notme to the OWNER, suspend services under tbas Agreement until the CONSULTANT has been paad m full for all mounts then due and owing, and not disputed by OWNER, for servmes, expenses and charges Prowded, however, nothing hereto shall reqmre the OWNER to pay the late charge of one percent (1%) per month as set forth hereto, If the OWNER reasonably deterrmnes that the CONSULTANT's work is unsatisfactory, m accordance with Amcle V B oftbas Agreement, and OWNER has notffied CONSULTANT of that fact m writing ARTTC. T ,F,, VT OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due dthgence m rhscovermg and promptly reporting to the OWNER any defects or defimenmes m the work of the CONSULTANT or any of its subcontractors or subconsultants 15 Page 4 of 11 A'RTTCT.E MIT OWI'~S~ O~ DOCt. JMEN?S All documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to tbas Ftrst Amended Agreement are instruments of service and shall become the property of the OWNER upon the ternunat~on of tlus Ftrst Amended Agreement The CONSULTANT ~s entitled to retmn cop~es of all such documents The documents prepared and furmshed by the CONSLTLTANT are intended only to be apphcable to t!us Project and OWNER'S use of these documents m other projects shall be at OWNER'S sole nsk and expense In the event the OWNER uses the F~rst Amended Agreement m another project or for other purposes than specified hereto any of the ~nformat~on or materials developed pursuant to th~s Ftrst Amended Agreement, CONSULTANT ~s released/~om any and all habfl~ty retatmg to their use m that project ARTTCT ,R INDEPENDENT CONTRACTOR CONSULTANT shall prowde serwces to OVFi~R as an independent contractor, not as an employee of the OWNEP, CONSULTANT shall not have or claim any nght arising from employee status ARTTCT ,'IA, TX INDEMNITY AGREEMENT The CONSULTANT shall mdemmfy and save and hold harmless the OWNER and ~ts offic~als~ officers, agents, attorneys and employees from and against any and all hab~hty, claims, demands, damages, losses and expenses, including but not hrmted to court costs and reasonable attorney fees recurred by the OWNER, and including w~thout hnutaUon damages for bochly and personal injury, death, or property damage, resulting from the neghgent acts or onusslons of the CONSULTANT or ~ts officers, shareholders, agents, subcontractors, subconsultants, attorneys, and/or employees m the execution, operation, or performance of tl'ns First Amended Agreement Nothing m tlus F~rst Amended Agreement shall be construed to create a hab~hty to any person who ~s not a party to tlus F~rst Amended Agreement and nothing hereto shall waive any of the party's defenses, both at law or eqtuty, to any claam, cause of action or ht~gatlon filed by anyone not a party to tins Fn~t Amended Agreement, mcluchng the defense of govemmental nnmumty, wluch defenses are hereby expressly reserved ARTT(~T ,~, X INSUAANCE During the performance of the Serwoes under ti'ns F~st Amended Agreement, CONSULTANT shall maintain the following insurance w~th an insurance company hcensed to do business m the State of Texas by the State Insurance Board or any successor agency, that has a rating w~th A. M Best Pate Carners of at least an "A-" or above A Comprehensive General Lxab~hty Insurance w~th bodily injury 1routs of not lass than $1,000,000 for each occurrence and not less than $1,000,000 m the aggregate, and w~th 16 ~o.,~.,~.,~,,,..,o,~..~.~,~,,,~,~-~-~'~"~ Page $ of 11 property damage lmuts of not less than $100,000 for each occurrence and not less than $100,000 m the aggregate B Automobile Lmblhty Insurance with bodily injury hmlts of not less than $500,000 for each person and not less than $500,000 for each accident and with property damage l~'mts for not less than $100,000 for each accident C Worker's Compensataon Insurance m accordance with statutory reqmrements and Employer's Llablhty Insurance with lmaltS of not less than $100,000 for each accident D Professional Llablhty Insurance with hnuts of not less than $2,000,000 annual aggregate E CONSULTANT shall furmsh insurance certificates or insurance pohc~es to the OWNER to evidence such insurance coverage The insurance pohmes shall name the OWNER as an addatlonal insured on all such pohmes to the extent that is legally possible, and shall contain a prowslon that such insurance shall not be cancelled or morhfied vathout at least finrty (30) days prior written nottee to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or cancellatton of coverage, dehver copies of any such substttute pohcles, furmshmg at least the same pohcy hrmts and coverage, to OWNER ARTT(RT .R '~I ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any chsputes under ttus F~rst Amended Agreement by subrmttmg the thspute to arintrataon or other means of alternate dispute resolutaon such as mediation No arbllxalaon or alternate daspute resolution arising out of or relating to, thus Frrst Amended Agreement revolving one party's disagreement may include the other party to the dmagreement vathout the others approval Al~'rtC~T,1~, ~ TERlvm'q'ATION OF AGREEMENT A Notwithstanding any other provision of flus F~rst Amended Agreement, either party may terminate tbas F~t Amended Agreement by prowdmg tl-arty- (30) days advance written not, ce to the other party B Tins First Amended Agreement may alternatively be terminated m whole or m part m the event of either party substantmlly fmlmg to fulfill as obligattons under th~s F~rst Amended Agreement No such terrmnatton vail be effected unless the other party is g, ven (1) written not,ce (dehvered by cerUfied mml, remm receipt requested) of intent to terminate and setting forth the reasons specifying the nonperformance or other reason(s), and not less than thn-ty (30) calendar days to cure the failure, and (2) an opportumty for consultataon vath the terminating party prior to termination C If tlus F~rst Amended Agreement is tenmnated pnor to completmn of the serwces to be provided hereunder, CONSULTANT shall mamethately cease all servmes upon receipt of the written horace of termmataon fxom OWNER, and shall render a final bill for services to the ~,o..~.~,~0,~,...~ho~,~,~,S'~mV'~d~ Page 6 of 11 OWNER w~tlun twenty (20) days after the date of termination The OWNER shall pay CONSULTANT for all serwces properly rendered and sattsfactonly performed, and for reimbursable expenses prior to horace of tennmatton being received by CONSULTANT, m accordance w~th Article V of ttus First Amended Agregrnent Should the OWNER subsequently contract w~th a new consultant for the contmuataon of services on the Project, CONSULTANT shall cooperate m providing mformatlon to the OWNER and to the new consultant If apphcable, OWNER shall allow CONSULTANT a reasonable tnne to trans~tton and to mm over the Project to a new consultant CONSULTANT shall mm over all documents prepared or furmshed by CONSULTANT pursuant to tlus F~rst Amended Agreement to the OWNER on or before the date of termination, but may mmntmn copies of such documents for ~ts files AttTT(2T ~F, 5UTI RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval of the work by the OWNER shall not constttute, nor be deemed a release of the respons~b~hty and hab~hty of the CONSULTANT, its officers, employees, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work performed pursuant to tlus F~rst Amended Agreement, nor shall such approval by the OWNER be deemed as an assumptaon of such responsibility by the OWNER for any defect m the design or other work prepared by the CONSULTANT, its pnnc~pals, officers, employees, agents, subcontractors, and subconsultants ARTTCT ,1~, ¥1V NOTICES All hermes, commumcat~ons, and reports required or perrmtted under thru F~rst Amended Agreement shall be personally dehvered to, or telecop,ed to, or mtuled to the respectWe part,es by depositing same m the Umted States meul at the addresses shown below, postage prepaid, cerafied mml, remm receipt requested, unless otherwise specified hereto TO CONSULTANT To OWNER Frease and N~chols, Inc C~ty of Denton, Texas Robert Pence, Samor V~ce-Pres~dent C~ty Manager 4055 International Plaza, State 200 215 East McKmney Fort Worth, Texas 76109 Denton, Texas 76201 Fax (817) 735-7491 Fax (940) 349-8596 Al1 notices g~ven under tins F~rst Amended Agreement shall be ef£eotWe upon their actual receipt by the party to whom such notme ~s gtven ARTTCT,I~. Yv ENTI~E AGREEMENT Ttus F~rst Amended Agreement consmtmg of eleven (11) pages and one (1) Exhth~t constitutes the complete and final expression of the agreement of the partaes and ~s intended as a complete and exolns~ve statement of the terms of then agreements, and supersedes all prior contempOraneOus Offers, promises, representations, negotIatIons, discussIons, commumcat~ons, .,o~.o~.~o,~...*Ni.~.,,~.~,~a ~',~ Page 7 of 11 understandings, and agreements winch may have been made m connection w~th the subject matter of tins F~rst Amended Agreement ARTTCT ,]~, SEVBRABILITY If any provmlon of tins F~rst Amended Agreement ~s found or deemed by a court of competent junschct~on to be invalid or unenforceable, ~t shall be considered severable from the remmnder of tins Fn'st Amended Agreement, and shall not cause the remainder to be mvahd or unenforceable In such event, the part~es shall reform this F~rst Amended Agreement, to the extent reasonably posmble, to replace such stncken prowmon w~th a vahd and enforceable provlmon wluch comes as close as posmble to expressing the original ~ntent~ons of the part~es respectmg any such stricken prowmon ARTT~T ,~,, ~ COMPLIANCE WITH LAWS The CONTSIOLTANT shall comply w~th all federal, state, local laws, rules, regulations, and ordinances apphcable to the work performed by CONSULTANT hereunder, as they may now read or as they may hereafter be amended ARTTC~T ,R 'XrVITf DISCRIMINATION PROHIBITED In peffomung the services reqmred hereunder, the CONSULTANT shall not dmcnmmate against any person on the bas~s of race, color, rehg~on, sex, national ongm or ancestry, age, or phymcal hand~cap ARTTCT,I~, ~ PERSONNEL A CONSULTANT represents that ~t has or w~ll secuze at ~ts own expense all personnel reqmred to perform all the services reqmred under tins Fn'st Amended Agreement Such personnel shall not be employees or of[ice, rs of, nor have any contractual relations w~th the OWlxt~R CONSULTANT shall numedlately mfonn the OWNER m wnung of any conflict of interest or potential ¢onfhct of interest tlmt CONSULTANT may dmcover, or winch may anse dunng me term of tIns F~t Amended Agreement B All services reqmred hereunder w~ll be performed by CONSULTANT or under ~ts d~rect superv~mon All personnel engaged m performing the work prowded for m tins F~rst Amended Agreement, shall be qualified, and shall be authonzed and pernntted under state and local laws to perform such senaces AR TTC~T .]=, 'kIX ASSIGNABILITY The CONSULTANT shall not asmgn any interest m tlus F~rst Amended Agreement and shall not transfer any interest m tins F~rst Amended Agreement (whether by asmgnment, novation or ~o.~c~,~,~,~,~.~,~,~,~-~,d~ Page 8 of 1 1 otherwise) w~thout the prior written consent of the OWNER CONSULTANT shall promptly noUfy OWNER m writing of any change of tts name as welI as of any s~gmflcant change in ~ts corporate structure or m its operations ARTTCT ,1~. XXT MODIFICATION No wmver or mochficabon of tins F~rst Amended Agreement or of any covenant, condmon, limitation hereto contained shall be valid unless in wntmg and duly executed by the part~ to be charged therewith No ewdence of any wmver or mod~ficataon shall be offered or received in evidence m any proceeding ansmg between the paraes hereto ansmg out of, or affecting tins F~rst Amended Agreement, or the rights or obligations of the parties hereunder, unless such wmver or mochficat~on is mwntmg, duly executed The parties further agree that the provisions of tins Article will not be wmved unless as hereto set forth ARTTCT ,1~, XXTI EFFECT OF AMENDMENT Except as specifically provided for by the F~rst Amended Agreement, that all of the terms, covenants, conditions, agreements, nghts, responsibilities, and obhgat~ons of the part~es set forth m the prewous Agreement, dated May 16, 2000, shall rernam tn full force and effect AR TTC~T ,I~ 'X~CIT[ MISCELLANEOUS A The following exbab~t is attached to, incorporated herewith by reference, and ~s made a part of th~s Ftrst Amended Agreement for all purposes pertinent Extuint "A" - "Scope of Services and Esmate of Hours and Cost - Construction Phase and Post-Constructaon Phase Services" February 2001 [as mochfied on March 30, 2001] B CONSULTANT agrees that OWNEK shall, until the exp~ratxon of four (4) years after the final payment made by OWNER under tins F~rst Amended Agreement, have access to and the nght to examine any d~rectly pertinent books, documents, papers and records of the CONSULTANT revolving transactions relatang to tins F~rst Amended Agreement CONSULTANT agrees that OWNER shall have access dunng normal working hours to all necessary CONSULTANT faclht~es and shall be prowded adequate and appropriate working space m order to conduct examinations or auchts m comphance w~th tbs Aracle OWNER shall g~ve CONSULTANT reasonable advance notice of all intended examinations or auchts C Venue of any stat or cause of action under tins F~rst Amended Agreement shall he exclusively m Denton County, Texas Tins F~rst Amended Agreement shall be governed by and construed m accordance w~th the laws of the State of Texas D For purposes of tins F~rst Amended Agreement, the pames agree that the Project Manager shall be Ray Longona~ Pnnc~pal, P E; and the key persons who will perform most of the work as the Project Team, including the Kes~dent Representative, Steve Wilson, under, and m accordance with tins F~rst Amended Agreement, shall be as specifically identified and set ~o~ ~...,.~.~....~. ~ ~c,.,, ~.~ ~ ~8~. ~ ~ P age 9 o f 11 2 0 forth m "Scope of Services and Estunate of Hours and Cost" document attached hereto as Exhibit "A" This F~rst Amended Agreement has been entered into with the understanding, expectation, and the OWNER's rehance, that the above-stated employees of CONSULTANT shall perform all or a slgrnficant port,on of the work on the ProJect Any proposed changes regarding the change of the ProJect Manager or other key personnel, requested by CONSULTANT, respecting one or more of the above-stated employees, shall be subject to the approval of the OWNER, wbach approval the OWNER shall not unreasonably withhold Nothing hereto shall lmut CONSULTANT from using other qualified and competent members of ~ts firm to perform the other incidental services requtred hereto, under ~ts supermslon or control E CONSULTANT shall commence, carry on, and complete ~ts work on the Project with a11 applicable dispatch, and m a sound, econonucal, efficient manner, and m accordance v~th the provmons hereof In accomphsbang the ProJect, CONSULTANT shall take such steps as are appropnate to ensure that the work revolved is properly coordinated w~th any related work being earned on by the OWNER F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the ProJect, including prewous reports, any other data relative to the ProJect and arranging for the access to, and make all prowslons for the CONSULTANT to enter m or upon, pubhc and private property as reqmred for the CONSULTANT to perform professional services under tins First Amended Agreement OWNER and CONSULTANT agree that CONSULTANT is entitled to rely upon reformation furmshed to it by OWNER without the need for further inquiry or mvesUgation into such reformation G The captions of ttns First Amended Agreement are for informational purposes only and shall not m any way affect the substantive terms or condmons of this F~rst Amended Agreement IN WITNESS WHEREOF, the OWNER, the C~ty of Denton, Texas has executed tins Ftrst Amended Agreement m four (4) original counterparts, by and through Its duly-authorized City Manager, and CONSULTANT has executed tins First Amended Agreement by and through ~ts duly-authorized undersigned officer on this the day of , 2001 "OWNER" CITY OF DENTON, TEXAS By HOWARD MARTIN, ACTING CITY MANAGER ~0 d qUlOi ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVI~D AS TO LEGAL FORM KERBEKT L PROUTY, CITY ATI'ORNEY "CONSULTANT" FKEI~SE AND NICHOLS, INC A~rEST; By, ~ 22 ~0/~0 d S~(I IN~ lzS 9T TOO~-~O-~d~ Scope of Services and Estimate of Hours and Cosf February 2007 Construction Phase and Post- Construction Phase Services Pr/me; Subconsulfc~nl's Montgomery Watson America Process Apphcanons Incorporated , FREESE * NICHOLS Isbell Structural Engineers 23 TABLE OFCONTENTS A. Narrative on Scope and Assumptions B Scope of Services C. Cost Proposal L_ S~mon W Freese PE 1900 1990 Marvin C Nmhols, P E 1896 1969 FREESE ~, NICHOLS CITY OF DENTON LAKE RAY ROBERTS SURFACE WATER TREATMENT PLANT Memorandum TO Tim Fisher, P E FROM Raymond Longona, P E SUBJECT Proj eot and Cost Assumptions Construction Phase, and Post-Construction Phase Services OFF00050/DT63/1 10 DATE March 30, 2001 The Scope of Servmes and Estnuate of Hours and Costs for the Construction Phase (Task 2A), Post- Construction Phase (Task 3) and Special Services dunng Construction Phase (Task 4A) for the Lake Ray Roberts Surface Water Treatment Plant are attached The Scope and Fee are based on the following assumpUons SCOPE OF SERVICES The following relate to assumptions on the project scope and tasks 1~ Construction penod of 24 months (21months to substantial completion & 3 months to final) I~ Kaw Water Transmmslon Line, Fmashed Water Transrmsslon line and underground power t° the Raw Water Pump Stauon §y Otl~ers is to be completed prior to substantial completion date of SWTP I~ Single General Construction contract covenng Raw Water Pump Station, Water Treatment Plant, and High Service Pump Station I~ Full-time FNI Resident Representative for 24 months (21 months at 208 hfs/month~, and 3 months at 80 b_rs/month) I~ FNI to prowde spemalty observation dunng construction for 8 months I~ DWU ~s to provide one full time FTE for 24 months t~ DWU is to provide on-site clencal support for 24 months I1~ General Contractor to provide and furmsh Field Office fac~hties for FNI and DWU personnel ~' FNI to provide O&M Manual (conventional and multimedia) ~ FNI is to prowde Construction Material Testing Services to support construction phase servmes via sub-contract w~th Isbell Eng~neenng and Testing 1 Equivalent to 48 hours/week 2 5 I~ FNI ~s to prowde ozone facaht~es operator training, start-up assistance, and ozone optma~zat~on wa sub-contract arrangement w~th Process Apphcatmn Inc ~. DWU ~s to arrange for SCADA system configurataon servmes via contract arrangement wath MWA ~ FNI to pmvade warranty follow-up assistance after completion of construction phase ~' FNI to conduct CT testang at the mtermechate ozone contactor per TNRCC gmdehnes ~' FNI ~s to Develop lhsk Management Program for the sate CONTRACT AND FEE The following relate to assumptmns on the contract document and development of the costs I~ Contract wall be handled as an amendment to the exastang Caty of Denton A/E professional servaces agreement I1~ Compensation will be Cost times a Multapher w~th a ceiling basas for Tasks 2A and 4A, and a lump sum bas~s for Task 3, wath the exceptaon of Warranty Follow-up wbach m to be Cost tmaes a Multapher wath a ceiling bas~s I~ The bflhng rates used wfllbe actual salary w~th an overall mult~pher o f 3 2 for in-office staff and 3 0 for the Res~dant Representatave I~, The fee ceahng ~s estamated using the composate classffieat~on rates whmh are adentffied as year2001 and2002mthecurrenteontract Allconstmctaonphaseservicesarebasedonyear 2001 rate All post-constmetton phase servmes are base on year 2002 rate The Spemal Serwces also assumes the year 2001 rate ~' A 10% markup as applied on all subconsultants and other chrect costs (ODC's) that do not have an estabhshed rate I~ Resident Representative will reside near job s~te through substantml completaon I~ L~vmg allowance of $850/menth and lease/use of company vetucle at $400/month ~s included If circumstances require greater travel and travel costs for the Remdent Representative than covered by the allowance, cons~deratmn will be g~ven to compensate Fl,r! for those costs I~' Specialty Observatmn staff wall travel d0aly from Fort Worth to project site I~ Travel to project locataon as assumed to be two hours per day RT 1~ Travel allowance of $500/month as included for Specmlty Observataon 1~ Project Adrmmstrataon for the constructmn phase is already ~ncluded an the General Representatmn None~stneludedforTask2A PA for post-constmctaon phase and specml serwces are included tn the tnd~v~dual sub-tasks S \Our Documents\CorrespondenceW!emos\01\Lake Ray Roberts Treatment Plant Memorandum F&N doc [OFF00050]T \LRRWTP_CONSTR_SCOPE~PROJ~CT_COST_ASSUMPTIONS_MEMORANDUM DOC 26 B SCOPE OF SERVICES Owner City of Denton Water Utilities Prolect: Lake Ray Roberts 20 mgd Surface Water Treatment Plant ConstrucUon and Post-Construction Phase Scope of Services Th~s scope of services includes the construcuon phase and post-construction phase engmeenng services related to the/.RR WTP ProJect, as defined by the ~mprovements designed by Freese and N~chols, Inc and contmned m the following doeurnents · Lake Ray Roberts Water Treatment Plant -Ftnal Plans, Spec~ficattons and Contract Documents (February, 2001) The LRKWTP ProJect includes a 20-mgd Lake Ray Roberts Raw Water Pump Stauon, a 20-mgd Ozone Water Treatment Plant, a 60-mgd High Servxce Pump Station and 6 MG of Storage The overall opimon of probable construcuon cost for the Project ~s esumated to range from $34 - 36 million dollars The specific elements of the Construction Phase and Post-ConstrucUon Phase portions of the Project include Task 2A Resident Representation Task 3 Post Construction Phase Services Task 4A - Special Services During Construction These scope of services tasks complement and complete the tasks presently authorized for the LRKWTP Project wbach include Task 1 - Final Design (Authortzed 16MA¥2000) Task 2 - Construction Phase Services (Authomzed 16MA Y2000) Task 4 - Specml Services during Design Phase (Authortzed 16MA2'2000) The detmled scope of services for the Construction Phase and Post-Construcuon Phase of the LRRWTP Project ~s set forth below Construction Phase Scope of Services LRRWTP 1 February 16, 2001 27 Task 2A - Res]dent Representation Freese and Nichols, Inc vail prowde a permanent, full time Resident Representative at the s~te for 24 months (average of 48 hours per week through month 21, average of 80 hours per month from month 21 to 24), supplemented by Freese and Nichols, Inc staffprov~dlng Spemalty Observatxon servmes for an aggregate total period of 8 months (40 hours per week) City of Denton wtllprov~de a full time FTE and field clerk for the duratmn of the LRR [ViP ProJect In prowdmg the res]dent representauve and specialty observauon services Freese and Nmhols vail observe the work m progress to determine if the completed work vail comply m general vath the contract documents, assist w~th field admunstrat~on of the construcuon contracts and endeavor to determine that the quahty control programs of the contractors are producing acceptable results Freese and Nichols will not have control or charge of and wall not be responsible for construcuon means, methods, teehmques, sequences or procedures, or for safety precautions and programs in connection vath the work, for the acts or omissions of the contractor, subcontractors or any other persons perforrnmg any of the work, or for the failure of any of them to carry out the work in accordance with the construction contract documents The dutnes, respons]blhtms, and hm~tatlons of authority of the resldent representative vall be as described m the Exhibit C Attachment, which wilt be added to the Agreement between Freese and Nmhols, Inc and the C~ty of Denton, dated May 16, 2000 Typmal services of the Resident Representative vall ]nchide a Attend pre-bid and pre-construction conferences vath the Owner and Contractor(s) Establish corr~mumcatlon procedures vath Owner and construction Contractor b Prowde the services of a full tune on-site semor resident project representatave located at the LRRWTP site The resident representative roll provide construction admunstratlon services for the project, and vail coordinate the ace. virtus of all other inspectors prowded by the Owner for the purposes of observing the work on the pump station, p~pelme, and WTP project The resident representative vall observe the progress of the work, morator compliance vath the schedules and reqmrements of the contract documents and help resolve any conflicts needing attention The res]dent representative vail also serve as the coordmauon and contact point for all commumcatlons between the Contractor and the Owner for the project c Submit monthly reports of constmctmn progress Reports vall describe construction progress m general terms and summarized project costs, cash ConsU'uct~on Phase Scope of Servmes LRRWTP 2 February 16, 2001 28 flow, constnctton schedule and pending and approved contract modifications d Matntatn a document control system designed to track the processing of contractor's submittals and provide for filing and retneval of project documentation Produce monthly reports tndtcatmg the status of all submtttals m the revtew process Review contractor' s submtttals, including Requests for Information, modtficatmn requests, shop drawings, schedules, and other submittals tn accordance wath the requirements of the construction contract documents for the projects Momtor the progress of the contractor and Engineer tn sending and processing submtttals to see that documentation is being processed tn accordance wtth schedules e Review contractors' apphcatton for payment and recommend payment ~n accordance wath the procedures m the construction contract documents f Establish and matntaln a project documentation system consmtent wath the requirements of the constmctmn contract documents, mcluchng dmly construction reports and tracking corrections to defecttve work g Provide a full ttme on-site representative as resident representative Provide documentation of observations made wl,ale at the site Addltaonal full time on-site inspectors and inspectors for areas requmng specialized techrncal experttse will be make avmlable on an as needed bas~s wlttun the scope of flus contract h Conduct weekly construction coordination meetings w~th the Contractor and submtt weekly constmcuon progress reports to the Owner Estabhsh and adm~mster quality assurance procedures m accordance wath the constmctlon contract documents Notify contractors ofnon-confomung work observed Take actmn to mlttate corrective procedures for defecttve work, coordinate special materials tests and performance tests needed to obtmn a quahty project Kevtew quality related documents provtded by the contractor such as test reports, eqmpment installation report or other documentation as reqmred by the construcuon contract documents k Estabhsh procedures for admmlstenng constructive changes to the constructmn contracts Process contract modfficattons and negottate wath the contractor on behalf of the Owner to determtne the cost and ttme mapacts of these changes Prepare change/field order documentation for approved Construction Pha~e Scope of Servmes LRRWTP 3 February 16, 2001 29 changes for execution by the Owner 1 Routinely examine the contractor's "as-built" drawings to detenmne that mformat~on appears to be recorded ~n an accurate and timely manner by the contractor as reqmred m the constructmn contract documents Se that these drawings are prowded to the Design Consultant at the compleuon of the project so they can revise the original constmctmn drawings m accordance w~th the mfonnat~on furnished by the constructmn contractor to reflect changes made m the project dunng constructmn m. Assist m project completmn acUv~t~es at the conclusmn of construction Observe completed construcuon for general conformance vath the design concept and prepare a hst of deficiencies to be corrected by the contractor before recommendataon of final payment At substantml completaon of the pump statmn and pipeline projects and c ompletaon of the hsts of deficiencies, the on-site resident representative WlI1 leave the project she Additional tame on the project, ff reqmmd, would be considered an addmonal service Task 3 - Post Construetaon Servaees Post constmctaon phase services that will be prowded as a specml service by FNI, if authorized by Owner, are described as follows 3 I Operataons and Maintenance Manual The Engineer will prepare a draft operauon and maintenance manual for the LRRWTP ProJect Specffic servmes to be performed by the Engineer w~ll be to prepare the manual m the format that follows Prepare and subrmt to Owner for review a draft of the famhty Operations and Maintenance manual, winch mil include a descnpUon of the fac~Imes and recommendations for operation The following topms will be included 1 Introductaon Bnef statement of manual purpose, descnptmn ofumt processes and flow path, summary of permits and standards, winch must be met, table of design criteria 2 Operatmns Conslderataons Discussion of operataon theory, control variables, process control and process effimency for the treatment facfl~ues 3 Facilities Description Operatmn and Control of Famht~es Discussion of the operatmn and purpose for each umt treatment process Constmctmn Phase Scope of Services LRRWTP 4 February 16, 2001 so 4 Description and Operation of the Non-Process Facilities Discussion of non-process systems, including the AdmmlstratlordOperatlons Building, the Maintenance area and the slurry trench dewatenng system 5 Utilities Descnptlons and operational considerations for site utlht~es, including potable water, basin drmn system, domestic wastewater septic tank system, and other systems 6 Electrical System Detmled description of the electrical system from the mmn substataon to the facility's individual motor control centers 7 Maintenance Nameplate data for each major p~ece of eqmpment, list of the manufacturer's recommended spare parts, and schedule of equipment manufacturer's preventative maintenance actlvltaes 8 Apl~endlces A glossary of treatment terms and abbreviations used pertinent to ttus facility Deltverables5 coptes of draft O&M Manual 5 coptes offinal O&M Manual Engineer will produce and deliver the final O&M Manual for the LRRWTP Project m electromc format The O&M Manual will include all of the elements described m paragraph 3 la The electronic O&M Manual will feature text, photographs, CAD drawangs, and an maage library Operating m a Macrosoft Windows NT environment, the system will provxde access to all O&M Manual data Tins specifically includes computerization of O&M Manual text, approximately 300 CAD drawings, 50 process schematics, 200 related photographs, and creataon of an rmage database w~th up to 2,000 letter-sized tmage pages The mformauon wall be produced electromcally to create a multanedla document complete wath hyperlmks, photographs, and CAD and scanned nnage vmwmg capability Concurrent wath the productmn of the O&M Manual m electromc format, rmtaal and f'mal draft/demonstrations will be delivered to the Owner for review and conunent Along wath delivery of the final draft O&M Manual, two (2) days of~'armng w~ll be provided to famihanze plant staffm use and maintenance of the electromc O&M Manual No hardware wall be supphed as part of the Project Mlmmum computer operating requirements for the software to be supphed are Manufacturer Dell, Compaq, Gateway CPU Penuum III 500 mhz or better Hard Drive 8 4 glgabyte Construction Phase Scope of Services LKRWTP 5 February 16, 2001 RA.MYV~deo~ 128 megabytes (RAM)/16 megabytes (v~deo) Graplucs 32 blt Momtor 21-1nch Super VGA Optmal D~sk 16X CDROM (SCSI Compauble) Software MlcrosoR Windows NT or 2000 Sound and Vtdeo Cards (optional) Soundblaster 16 0 (or equal) Included wath the electrome O&M Manual wall be the software necessary to view and maintain the manual (FN wall prowde all of the soigware necessary to use the electronic O&M manual) 2 Startup and Persormel Tralmng Water Treatment Plant Umts and Process a Consult wath Owner on trmmng needs for pre-startup operation and prepare a schedule Coordinate and arrange wath the major eqmpment providers for the tm~mng It ,s antm~pated that pre-starmp trmmng wall be conducted over four (4) one-week periods mvolvmg a total of 64 hours of classroom work b Provide 40 hours of ons~te operanon consultataon, including a total of 6 raps to the s~te to consult on starting and opt~mizang pumping, chemmal, treatment and other process controls Assmt m estabhshmg operating procedures for mthwdual umt processes and for overall operataon of the LRRWTP c Provide 40 hours of office eonsultang concermng the modffication of items relating to the operations Adwse Owner regard, rig mod,ficatmn of operatmns Ozone Start-up Trsanmg Freese and Nichols, [nc wa services prowded by Process Apphcataons, [nc wall facthtate and coordinate ozone-process training through three workshop-training events as described below Each of the three trmnmg workshops wall be 8-hr m length and wall be presented m intervals of apprommately four to s~x weeks Ozone System Operational Gmdehnes wall be developed w~th applicable input by the plant staff Copes wall be proxaded m printed form and electromc format The first trmnmg sessmn wall be scheduled about slx to e~ght months prior to completion of construction to allow time for manufacturer's equipment training just prior to system startup t Startup Trmmng Workshop No I Topics to be ,ncluded are rewew of lnformat, on regarding safety and Construction Phase Scope of Services 4RRWTP 6 February 16, 2001 32 apphcatlon of ozone and ozone eqmpment design and operating criteria Training workshops will involve safety procedures and wqmpment selection criteria gmdehnes n Starmp Trmrang Workshop No 2 Topms wall include ozone contractor and off-gas process operation and determmatmn of ozone dismfect~on mactlvatmn credit Training workshops wall cover off-gas system startup procedure, calculation of ozone dasmfectlon credit and ozone system computer simulation The spreadsheet sunulatmn model will be promded to the C~ty of Denton WTP staff and trmmng on use of s~mulator wall be included m Starmp Training Workshop No 3 D~scussmn top~cs wall include hqmd oxygen (LOX) and ozone generator operation and cahbrat~on of ozone residual analyzers Trmnmg workshops wall include cahbratmn ofremdual momtors, calculataon of ozone parameters, generator and contractor swatctung and total ozone system starmp, ozone system momtormg, contactor drmrang/~nspectlon/filhng, and rewew of key starmp procedures Ozone Optimization Follow-up techmcal assistance and trmmng directed towards opt~m~2ang performance and operataon of the ozone system wall provide following starmp Follow-up techmcal consultation wall consist of three me-wstts plus phone consultauon over a period of twelve months after startup A spreadsheet-based ozone data momtonng program w~ll be developed for use by staff m assessment of long-term performance trends for purposes of acbaev~ng optaxmzed ozone system performance Training wall be provided on the moratonng program dunng Consmact~on Trmnmg Workshop No 3 and wall Be utahzed dunng the first-year to asstst staff m development of aa optimized ozone system 3 3 Warranty Assistance Prowde 104 hours of office and on-site consulting, including travel, concerning the follow- up of contractor and eqmpment warranty items during the constmcuon warraaty Period One month prior to the end of the construction warranty period, conduct a site wsat and document all warranty ~tems and assist m the ¢oordmatmn of the repmrs/replacement of the defectave work Constmetmn Phase Scope of Services LRRWTP 7 February 16, 2001 33 CT Tesung for Plant Conduct tracer testing based on TNRCC guldehnes, to determine effective contact Umes ~n the plant A report w~tl be prepared by Freese and N~chols, Inc and submitted to the C~ty and TNRCC summarizing the results Dehverables 5 coptes of tesnng results summary and report 3 5 Rask Management Program Develop l~.sk Management Program, Prevention Program 2 for the C~ty covenng the LRRWTP s~te The Pusk Management Plan will be prepared on electromc d~skette and submitted to EPA Oehverables 5 coptes of RMP, and one electrontc copy of RM Plar~ Task 4 ,. Special Services SPECIAL SERVICES: Specml Services to be performed by FNI wl,ach are not ~ncludefl ~n the above described basle servmes, are described as follows AA. Addmonal General Representation services for an addmonal 2 months BB. Addmonal Remdent Representauve servmes for an addmonal 2 months CC. Freese and N~chols w~ll provtde ConstrucUon Matenals TesUng at the site wa a sub- contract wlth Isbell Engmeenng and Testing ConsmaCt,on Pha~e Scope of Services LRRWTP 8 February 16, 2001 34 FREESE-NICHOLS March 5,2001 Tn-n Fmher P E Asmstant D~rector of Water Utilities C~ty of Denton 901-A Texas Street Denton, Texas 76201 Re Kemdent Representattve Servme Proposal Lake Ray Koberts Water Treatment Plant DTN00343/1 10 Dear Mr Fmher Reference m made to the d~scusmoas at the Denton Pubhc Uulmes Board Meeung on Monday, March 05, 2001 concerning our Scope of Services and Esumate of Hours and Cost for the Constructmn Phase and Post-Construcuon Phase Servmes for the Lake Ray Roberts Water Treatment Plant The key ~tems we took away from those d~scusmons included 1 The level of staffing proposed m acceptable 2 The remdent representative proposed, Steve Wilson, ~s acceptable 3 The scope ~tems and estmmted hours proposed for Task 2A - Remdent RepresentaUve, Task 3 - Post Constmcuon Phase Servmes, and Task 4A Spemal Services During ConstrueUon are acceptable 4 There was a quesUon as to whether there was any overlap m the General RepresentaUon Task (already authorized), and the Remdent Representative Task 5 The responmb~lmes for the remdent representauve were wewed to contain quahfiers that lmuted the Engineers nsks 6 The labor multapher for the remdent representative was wewed as being a prermum rate and the C~ty requested FNI revm~t the multapher used for the RR Items 1 - 3 Do Not Keqmre Addmonal Comment Item 4 - Overlap of General Representauve and Remdent Representative Tasks The General RepresentaUon task revolves Freese and Nichols, Inc office professional staff and includes asmstance wath conuactor selectmn, remew of subrmttals, bimonthly progress meetings, preparation of change orders, review of pamal and final pay estimates, final rewew of the project [OFF01003IT \CS_C ost_Pmposnl~P*-R. Phase proposal Scopc_MulUpiler Lctlcr doc Freeee and Nichols, Inc · Engineers · Environmental Sctenttsts· Architects 1701 North Market Street · Suite 500 LB 51 · Dallas Texas · 75202 214-920-2500 · Fax 214-920-2565 4 0 F__.~.. I--I I ]E~ I"r %/ February 16, 2001 Page 2 of 4 and preparation of record drawings The Resadent Representatlon task revolves Freese and Nmhols, In¢ fieldprofesstonal staffand includes constmctaon admlmstratmn, coordination of mspectaon staff, observataon of the work for overall compliance to the contract documents The scopes of servace for these two tasks were submatted as complementary tasks m the original proposal, taking maxamum benefit of the efficrencles Freese and Nichols has developed m structuring constmctaon phase servmes for treatment plant projects There as no intended overlap of tasks m t/as arrangement The scope ofservmes for the Resident Represantatave m the current proposal as ~dentmal to the scope of servmes m the original proposal, meamng again that there t~ no overlap of ta~l~. As a point of understanding, the hours/costs for the General Representation task that were subnutted m the original proposal were estunated based on a Freese and Nachols resident representative serving m the complementau role Ifttus basis were to change, at would be necessary to ranegotlate the hours/cost of the General Representalaon phase to reflect the esumated addluorml eoordmalaon effort. Item 5 - Qualffiers on Responsabfl~taes of the Resadent Representatave The language used to dascnbe the duties, respons~bflaues, and lmutataons of authority of the resident representatave, the Owners representatave on the site, as taken from the EJCDC Document No 1910-1 Exlub~t D and recogmzes that the Contractor, not the Engineer, has control of eonstructaon means, methods, techmques, procedures, sequencing, and safety Inclusion of tins language is intended to protect the City from clmms by the Contractor arising from perceaved responslbflaty of these elements by the Owners Representatave Item 6 - Basas of Multipher for Resident Representative Any dascusmons on an A/E's multiplier needs to be prefaced wath the understanding that there is no Generally Accepted Aceoantmg Practace (GAAP) that have been adopted for development of AYE multapliers Multaphers will rar ze w~dely and are not very meaningful wathout an understanding of the consUments m,. ~ ~, the multlpher Some consultants choose tc bill certmn general overhead expenses d,~e~rly o a project and consequently wall show a lower multlpller Others will account for those overhead expenses m the multapher and not bali these expenses to md~wdual projects We beheYe the latter approach more eqmtably spreads these ehgthle overhead expenses to the pr~ ~'c z and Owners A comparison of costs between one A/E and another ~s more Ieg~tunately done by, ook~ng at the total costs (hours x rate x multiplier) I prevmusly provided you lnformatton on comparable projects by FN/and others that demonstrate that our overall cost is well w~ttun the range of total project costs However, you requested spemfic mformatmn on the RR mult~pher rates FNI receives for comparable pro]em for mformatmnal purposes and we have provided those m the attached table Informanon on Comparable £rolects The table presents the mult~phers m effect on current and recently completed plant projects The current (2000/2001) base multtpher for the Resadent Representative is 3 10 when the normal multapher of 3 57 ~s used for the design and general representatton phases Tlus ~s up from 3 00 m and pnur to 1999 The increase as solely [DTN00343]T \CS_C o st_Prop osalqtA. Ph~e Proposal Scope_Mult~pher Letter doc 41 February 16, 2001 Page 3 of 4 attmbutable to an ~ncrease m the fnnge benefit component of the malt~pher On projects where a mult~pher lower than 3 57 as used for the design/OR we receive a t:ugher multlpher, typically 3 2 to 3 4 For projects where the Owner has contracted w~th Freese and Nichols, Inc to prowde the constructaon phase services instead of the designer of the project, we also receive a lugher mult~pher, due to the increased risk, of 3 4 to 3 57 The project that the Steve Wilson, the RR ~s coming off of down m Corpus Chnsu had a RR and Design mult~pher of 3 00 and 3 40 respecuvely Tlus was negouated m 1999 The project that Steve was destined for, San Angelo WWTP, had a RR and Design mulUpher of 3 10 and 3 57 raspect~vely Tins was negouated m 2000 Our mulupher was wewed by some at the Board meeting to be a premmm rate It is to some extent In balance, the consmactaon phase serwcas that FNI prowdes are a prenuum service Freese and N~chols, Inc maintains the largest full me, permanent staff of constructaon phase professionals specml~mg m water supply and treatment projects m the state of Texas The corps of constructaon profeas~onals that FNI has developed prowdes mchspansable value on large, mult~-d~sclplme, complicated projects It is common pracuce for Owners to lure FNI to prowde the construetaon phase sarvlces for projects designed by other AYE fro'us as demonstrated on the table Negonat~on Htstoey on the £RRF/T]~ 2~rolect In our original negot~ataous wth the C~ty of Denton on the Lake Ray Roberts project we proposed a des~gn/GR mult~pher of 3 57 The corresponding RR mult~pher was 3 1 As you recall s~gmficant effort was expended by both pames m those negotmtxons to arrive at what we proposed as 3 2 mult~pher for the project The factors considered m proposing a lower mult~pher were recogmuon of 1) the long-term benefit to Freese and N~chols, Inc to be assigned the WTP project, 2) the absence of a proposal/presentatmn effort m being selected for the project, 3) a lump sum contract smacture, and 4) use of the 3 2 mult~pher for all phases of the job, mclus~ve of Resident Representative We also reduced the travel expense for the RR by accepting an allowance for travel m heu of the nuleage bas~s The Resident Representauve and Post Construction Phase Services were removed from the original proposal, at your request, to allow the Design/OR Phase to move forward When we remauated the negotmt~ons on the RR, you requested and we made an adjustment to the mulupher, reducing ~t from 3 2 to 3 13 Tins was a reduction proposed by FNI w~thout any associated reductaon of nsk/respons~bthtaes by the firm It was a umlateral reducuon to demonstrate our good froth retentions m being responsave to your requests m the negotmUon ~ccordmgly, we are not able to reduce the multapker v~thout a corresponding reduction of cost risk to FNI One area where our cost risk can be reduced is on the RR travel cost When we changed from a nuleage basis to an allowance basxs m the original negouataons, we accepted the en~e burden for the costs for travel over and above the allowance Th~s resulted m an increase to our overhead costs equal to the cost for the maleage that would have exceeded the allowance amount We can accept a 3 00 multlpher on the RR ff we are able to d~rect bill the costs of travel ff they exceed the allowance W~th the asstgnment of an RR who will reside near the project s~te, the potenual for the costs to exceed the allowance are low T1us compensauon [DTN00343]T \CS_Cost_Proposal~,R Ph~¢ Proposal Seop¢_Mul~pher Letter doe 42 February 16, 2001 Page 4 of 4 structure would result m a cost reduction of $18,305 Should circumstances resuk m greater travel and greater cost we would expect consideration for those addmonal travel costs Ifthas is acceptable to you, I wall revise and resubrmt the proposal wath a 3 00 multtpher on the RR and a total proposal cost of $987,090 SlllCcrely~ RR GIUDes~gn Prolect Year Multtpher Multtpher Weatherford WTP 2001 3.57 Destgn by Others Ft. Worth (Lead) 2000 3 40 3 4 - 3 57 Ft. Worth (Field Support) 2000 3 00 Arlington WTP 1999 3 20 Design by Others San Mar¢os 1998 3 12 Design by Others Clebume WWTP 2000 3 10 3 57 San Angelo 2000 3 10 3 57 [DTN00343]T \CS_CosC?roposaI\RR Phaso Proposal Scope_Mult~pher Letter doc 43 Edwin Steve Wilson Semor Remdent Representative YearsExperlence W~thTh~sFm:a 12 WtthOtherFm-ns 14 Educatton I-hll College, Associates of Arts, 1969 Sam Houston Umvermty, 1971 Profesmonal Training Seminar E-50 Post Tension Concrete Bridge Construction Seminar Roller Compacted Concrete for Heavy-Duty Pavement Umvermty of Texas at Arlmgton, Certification No 2068 Asbestos Abatement Program Certifications Brown and Root, Inc, Certification Concrete Batchmg and Placement Concrete Preplacement Inspection Structural Metallic Material Profesmonal Development Certfficatlon Natmnal Lane Assomatmn Lane Stab~hzatmn Workshop Cemficatlon for Operatmn of Nuclear Mommre/Denmty Gage Professional Experience: 1989 - Present Freese and Nichols, Inc, Fort Worth, Texas, Semor Remdent Representative 1979 - 1988. Mason-~[ohnston and Associates, Inc, AdrmmstrattveJQuahty Control Manager 1977 - 1979' Brown and Root, Nuclear Power Plant Dxmmon, Crml Quahty Control Inspector, Concrete and Steel Inspectmn 1975 - 1977. Mason-fohnston and Associates, Inc, Comanche Peak SEB, SSI Dam and Squaw Creek Dam Project, Field Lab Sapenasor, Soils and Concrete Testing IVir Wilson is a semor resident representative m the construction sermces group at Freese and Nmhols vath over 25 years of experience m the constructaon of treatment plants, pump stations, large concrete, earthwork, slurry trench, sod cement and roller compacted concrete (RCC) projects Mr W~lson has served as constmcUon manager and semor resident representaUve for several of Freese & N~chols largest projects since Joining the firm He xs responmble for contract admm~strallon, observaUon, matenals tesUng, and coordmatmn w~th the Owner and General Contractor and documentation for eonstmctmn projects to see that the proj eot m constructed m accordance with the contract documents EXHIBIT VI Representattve projects include Ctty of Brownwood, Texas - Semor resident representative for $5 2 rmlhon wastewater treatment plant ~mprovements · Colorado Paver Mumctpal Water D~stnct - Semor resident representative (Pump Station No i, Slurry P~er [ustallat~on) for $84 mghon O H Ivle Pump Statmns and Pipeline · C~ty of Arhngton, Texas - Semor resident representative for $1 2 mflhon Lake Arlington parapet wall proj oct · Brazos Paver Authority - Semor resident representative for $30 5 nnlhon John T MontfordDam · Palo Duro Paver Authority - Semor resident representative for $14 rmlhon Palo Duro Dam · C~ty of Corpus Chnst~ - Semor resident representattve for $2I nnlhon rehablhtatmn project for Wesley Scale Dam · Lower Colorado Paver Authority - Semor resident representatave for $4 5 nnlhon nme-gate spillway flood damage repair · Lower Colorado Paver Authority - Scmor resident representative for $12 2 rmlhon Wtrtz Dam stol cement overtopping project · City of Fort Worth, Texas - Semer resident representaUve for $800,000 00 Lake Work Dam rehabfl~tatmn project · Estabhshed Freese and Nichols quality control laboratory for Applewtnte Reservoir project Wtth Other F~rms · Resident Geotechn~cal Observer for Slurry Wall Installatton at Duck Creek Wastewater Treatment Plant, Sunnyvale, Texas · Material Testing and Inspection/ProJect Captain at Wlnppoorvall L~ft Stut~on, Lew~svdle, Texas · Proj eot Captain and Q C Inspector for fotmdatton settlement repazr at IBM, Westlake, Texas · Geotechmcal mvestagatton, laboratory testing and project supervisor on the Superconducting Super Colhder stte, Waxahacbae, Texas · Lake Alan Henry, Brazos Paver Authonty · L&A Rmkoad Co Bndge over Red t~ver, Rap~des Parish, LA · S~te Layout and Laboratory Testing/Project Supervmor for Dallas North Tollway Extemmn, Dallas, Texas · Project Captain for Fmc Aggregate Study, Nueces Co, Texas ~ · Resident Geoteckmcal Observer at plamd Elm, Thanksgavmg Tower, Dallas, Texas (60 stones) Southwestem Bell Comptrollers Facxhty, Dallas, Texas (48, 22 and 7 stones) Navarro Memonal Hospital, Comcana, Texas Mare Center Development, Phase 1 Tower and Garage, Dallas, Texas (72 and 10 stones) Agenda Item ..... ~ ~ AGENDA INFORMATION SHEET / t AGENDA DATE April 17, 2001 DEPARTMENT A~rport ACM Jon Fortune, ACM - Pubhc Safety and Transportation Operations ~ SUBJECT AN ORDINANCE OF THE CITY OF DENTON AMENDING AN AGREEMENT DATED AUGUST 15, 2000 RELATING TO A GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM BETWEEN THE CITY OF DENTON AND THE STATE OF TEXAS ACTING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION, AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS PROVIDED FOR IN THE AMENDMENT, AND DECLARING AN EFFECTIVE DATE (TxDOT ProJect No AM2001DNTON, AND TxDOT CSJ No M018DNTON) BACKGROUND On February 18, 1997 the C~ty of Denton entered rolo an agreement w~th the Texas Department of Transportation, Aviation D~ws~on known as the Routine A~rport Mmntenance Program (RAMP) The RAMP grant prowdes for a fifty percent (50%) state~ funding match with the local government The grant has a cap of $30,000 of state assmtance This ~s an increase of $20,000 over the original 1997 RAMP grant The Denton Munlmpal A~rport currently has $30,000 ~n matching funds for a total of $60,000 to be apphed toward mmntenance projects A~rport Staff has ~dentlfied several street reconstruction projects that could be completed w~th th~s grant ESTIMATED SCHEDULE OF PROJECT TxDOT as requestmg two mgned agreements to be returned expedattously The State must approve ~ts share of funding prior to the start of the project It ~s estimated that all projects will be completed by December 2001 PRIOR ACTION/REVIEW The C~ty Attorney's Office has rewewed and approved th~s ordinance The A~rport Advasory Board recommends approval of th~s agreement FISCAL INFORMATION The Caty's fifty percent (50%) match of $60,000 is $30,000 Funds have been authorized for the RAMP grant in the 2000-2001 A~rport Budget 1 EXHIBITS Ordinance TxDOT Grant Agreement CSJ AM20DNTON Respectfully submitted Mar~ iq'els~n A~rport Manager ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON AMENDING AN AGREEMENT DATED AUGUST 15, 2000 RELATING TO A GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM BETWEEN THE CITY OF DENTON AND THE STATE OF TEXAS ACTING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION, AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS PROVIDED FOR IN THE AMENDMENT, AND DECLARING AN EFFECTIVE DATE (TxDOT Project No AM2001DNTON, AND TxDOT CSJ No M018DNTON) WHEREAS, Pursuant to Orthnance No 2000-258, the City of Denton and the State of Texas acting through the Texas Depat~iient of Transportation ("TxDOT") entered_ into an agreement dated August 15, 2000 relating to a grant for routine maintenance program (the "Maintenance Agreement"), and WHEREAS, TxDOT has presented to the C~ty an Amendment No 01 to the Mamtanance Agreement, a copy of winch is attached hereto and made a part hereof by reference ("Amendment"), and WI-IEREAS, the City Council finds that the Amendment is m the pubhc interest, NOW, THEREFOR, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS E~.CT~O~q 1 The CRy Manager of the C~ty of Denton, or Ins designee, ~s hereby authorized to execute the Amendment on behalf of the City of Denton .q~CTIONI 9_ The Ctty Manager is hereby authortzed to expend such funds as are proxaded for ,n the Grant Agreement ~q~CTIONI '~ Tins ordinance shall become effective mnnedmtely upon ~ts passage and approval PASSED AND APPROVED tins the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APP.,OViDLEGAL Fomu 3 1 EXAS DEPAR FMENT OF DLANSPORTA 11 ON GRAN 1' FOR ROUTINE AIRPORT MAINTENANCE PROGRAM (Gl ant for State Assisted A~rpol t Rontme Maintenance) Amendn~ent No 01 TxDOT Project No AM 2001DNTON TxDOT CSJNo MllSDNTON The City of' Denton, referred to as the "Sponsor", and the Texas Department of i'mnsportat~on, referred to as the "State," have entered into a Grant Fm Routine Airport Maintenance Plogram, ~1 xDOT CSJ Number MO 18DNTON, executed by the Sponsor on August 15, 2000, and by the State on August 23, 2000, for the routine maintenance of the Denton Municipal A~rport It is in the mutual lntelest of the Sponsor and the State to amend the Grant at this tnne to update the necessary maintenance items and extend the term of the grant for the new fiscal year The following amendment to the Giant shall become effective upon execution of this Amendment by the Sponsor and the State Change Part II, Item 1, paragraph 2 of the Agieement as follows State financial assistance granted will be used solely and exclusively for airport maintenance and othel incidental items as approved by the State Actual work to be performed under this agreement is found on Attachrnent A, Scope of Services State financial assistance, Amount B, will be for fifty pement (50%) of the eligible project costs for this project or $30,000 00, which ever is less, per fiscal year and subject to availablhty of state appropriations Add to Part II, Item 1, the following paragraph Scope of Services, Attacltment A, of this Grant, may be modified by letter from the Sponsor with concurrence of the State if no additional funds are I eqmred The Grant is amended to include Attachment A - Scope of Services attached and made a part of this agreement All other terms and conditions of the agreement are unchanged and remain in full force and effect 4 AVN4301A DOC(I 1/2000) GRANT FOR ROUTINE AIRPORT MAIN I ENANCE PROG1LAM ATTACHMEN ]? A Amendment No 0l Scope of Sm woes rxI)o~l CSJNo MI18DNFON PAVEMENTS $60,000 00 $30,000 00 $30,000 00 GENERAL MAINTENANCE $0 00 $0 00 $0 00 PAVEMENT MARKINGS $0 00 $0 00 $0 00 GRADING/DRAINAGE $0 00 $0 00 $0 00 MISCELLANEOUS - $0 00 $0 00 $0 00 MOWING Total $60,000 00 $30,000 00 $30,000 00 Accepted by C~tyofDenton, Texas Signature Date Notes (explanattons of any speclficatmns or varmnces as needed for above scope items) City of Denton to procure servmes to reconstruct airport access roads that are on mrport property State wall reimburse the C~t7 50% of ehg~ble costs not to exceed $30,000 No force account work is eligible under this grant Cost ofmatermls purchased b7 the C~t¥ w~ll be ehg~ble 5 AVN4301A DOC(I 1/2000) Acceptance of thc Slate Executed by and approved fm the Texas franspmtatmn ColmmSs~on for lhe propose and effect of acttvatmg and/o~ cm~y~ng out the o~dms, cstabhshed pohc~es or work p~ogmms and grants heretofore approved and authorized by the Fcxas l'mnspm tartan Comm~ssmn STA I E OF i'EXAS 1EXAS DEPAR £MENq[ O1' 1 RANSPOR 1A I'ION By Date 6 AVN4301A DOC(I 1/2000) DESIGNA'I ION OI~ SPONSOR'S AU~I HORIZED REPRESENTATIVE lxDOFCSlNumber MllgDNTON (Name) (I llle) w~th lhc C~ty of Denton designates (Name, htlc) as the Sponsor's authorized representative, who shall have the authority to make approvals and d~sappmvals as required on behalf of the Sponsm City of Denton, Texas (Sponsm) By Title Date DESIGNATED REPRESENTATIVE Mmhng Address Physical Address Telephone/Fax Number 7 AV'N4301A DOC(11/2000) Aoendi Itom ~ AGENDA INFORMATION SHEET Oate 7777~/A¥//7//// _ AGENDA DATE: April 17, 2001 Questions conce~ng t~s acqmsmon may be ~rectcd DEP~TMENT: Materials M~ag~ent to Alex Pemt 349-8595 ACM' Kamy D~ose, F~scfl =d Municipal Seduces ~9-- SUBJECT: An Ordmance authorizing the exacutton of change order three to a contract for lease purchase financtng of PC's, momtors, and peripheral eqmpment between the C~ty of Denton and Dell Fmanctal Semces, prowdmg for an tncrease m the quantity of ~tems, tncrease m the annual lease payment amount, and prowdmg for the expen&ture of funds therefore, and prowdtng an effecUve date (File 2495 - Dell Fmancml Services awarded in the amount of $943,398 and change order one tn the amount of $19,656 68 plus change order two in the amount of $337,710 30 and change order three tn the amount of $64,920) CHANGE ORDER INFORMATION: On March 21, 2000 the Ctty Counctl approved a master lease w~th Dell Ftnanctal Servtces for the lease of PC's, Notebooks, Momtors and Peripheral eqmpment The term is for a 36-month payout and replaces an older lease from IBM for stmflar eqmpment The master lease w~th Dell Flnanctal tmtlally tncluded 450 PC's, 50 notebooks, sof~ware and peripherals Access to the Master Lease is through the State of Texas General Servtces Commtsslon Department of InformaUon Resources CooperaUve Purchasing Agreement Change order three m the amount of $64,920 is for the lease of twenty Dell Mira Tower PCs and 20 Dell LaUtude LS Notebook PCs, including 36-month finance charges These umts will replace several of the older IBM PC from a prewous lease agreement and supplement the tncrease m technology demands and to the growth of the Ctty RECOMMENDATION: We racommend Change Order three be approved in the amount of $64,920 and that Purchase Order 10627 to approved Dell Fmanetal S~rwces be for the first payment tn the amount of $11,900 40 PRINCIPAL PLACE OF BUSINESS: Dell Fxnancml Servtces Round Rock, Texas Agenda Informatxon Sheet April 17, 2001 Page 2 ESTIMATED SCHEDULE OF PROJECT: The hardware and software ~s avmlable for dehvery w~thm 30 days and wall be installed or assigned as needs are justified FISCAL INFORMATION: Funchng for th~s first year lease of adchtxonal equxpment ~s avmlable from 2000 / 2001 budgeted fund account 770-044-0080-8509 Respectfully subrmtted Tom Shaw, C P M, 349-7100 Pumhasmg Agent Attachment 1 Pumhase Order 10627 to Dell Financial Serwces Attachment 2 Quotation and Lease Proposal from Dell F~nanc~al Serwces ORDINANCE NO AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER THREE TO A CONTRACT FOR LEASE PURCHASE FINANCING OF PC'S, MONITORS, AND PERIPHERAL EQUIPMENT BETWEEN THE CITY OF DENTON AND DELL FINANCIAL SERVICES, PROVIDING FOR AN INCREASE IN THE QUANTITY OF ITEMS, INCREASE IN THE ANNUAL LEASE PAYMENT AMOLrNT, AND PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (FILE 2495 - DELL FINANCIAL SERVICES AWARDED IN THE AMOUNT OF $943,398 AND CHANGE ORDER ONE IN THE AMOUNT OF $19,656 68 PLUS CHANGE ORDER TWO IN THE AMOUNT OF $337,710 30 AND CHANGE ORDER THREE IN THE AMOUNT OF $64,920) WHEREAS, pursuant to Resolution 92-019, the State Purchasang General Services Commassaon has sohexted, received and tabulated eompetltave bads for the purchase of necessary matermls, equ:pment, supphes or serv~eas m accordance w~th the procedures of state law on behalf of the C~ty of Denton, and WHEREAS, on March 21, 2000, the C~ty awarded a 36 Month Master Lease Agreement for PC's, Momtors, Laptop, and Peripheral Equipment to Dell Fananc~al m the amount of $943,398, and WHEREAS, on May 31, 2000, the Caty awarded Change Order One to the Master Lease Agreement for PC's, Momtors, Laptop, and Peripheral Equipment to Dell Fananclal ~n the amount of $19,656 68, and WHEREAS, on December 12, 2000, the Caty awarded a Change Order Two to the Master Lease Agreement, for PC's, Momtors, Laptop, and Peripheral Equapment to Dell Fmaneml m the amount of $337,710 30, and WHEREAS, the City Manager or a desxgnated employee has rewewed and recommended that the hereto described materials, eqtupment, supphes or services can be purchased by the CaW through the General Services Commission programs at less cost than the Caty would expend ff baddmg these items md~vldually, and WHEREAS, the C~ty Manager hawng recommended to the Couneal that a change order be anthonzed, to amend such lease agreement w~th respect to the scope and price and sand change order being m comphance w~th the requarements of Chapter 252 of the Local Government Code, exemptang such purchases from the eompetltave bad process, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the change order three ~ncreas~ng the amount of the lease agreement between the City and Dell Financial Services copy of which is on file In the office of the Purchasing Agent, in the mount of Sixty Four Thousand Nine Hundred Twenty and no/100 ($64,920), is hereby approved and the expenditure of funds therefore is hereby authorized The master lease annual amount is amended to read $1,365,684 98 SECTION II That by the acceptance and approval of change order two to the master lease on file in the office of the Purchasing Agent, the City accepts the offer of the persons submitting the bids to the General Services Commission for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the General Services Commission, and the purchase orders Issued by the City SECTION III That should the City and persons submitting approved and accepted Items set forth in the change order two wish enter into a formal written agreement as a result of the City's ratification of bids awarded by the General Services Commission, the C~ty Manager or his designated representative is hereby anthonzed to execute the written contract which shall be substantially the same as the documents on file in the office of the Purchasing Agent, provided that the written contract ~s m accordance wath the terms, conditions, specifications and standards contmned in the Proposal submitted to the General Services Commission, quantities and specified sums contmned in the change order two, and related documents herein approved and accepted SECTION IV That by the acceptance and approval ofthe hsted items set forth ~n the change order two, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordanc~ w~th the purchase orders issued by the C~ty or pursuant to a written contract made pursuant thereto as authorized herein SECTION V That th~s ordanance shall become effective immediately upon its passage and approval PASSED AND APPROVED this day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVEV AS/ tEG Om HERBERT ~OUTY,/CJTY ATTORNEY File 2495 Deli Financial CO/(~- General Serwces Comm~ssmn-2001 oenda No A AGENDA INFORMATION SHEET / ' AGENDA DATE: April 17, 2001 Questions concerning this acqmsltlon may be directed DEPARTMENT: Materials Management to Christy Slarchak 349-7143 / David Salmon 349-8355 ACM: Kathy DuBose, Fiscal and Mumclpal Servlces~l/v/~¢ SUBJECT: An Ordinance authorizing the City Manager to execute a Professional Services Agreement (PSA) with Teague, Nail and Perkins, Inc, for thc design of I-hckory Creek Road as set forth in the contract, and providing an effective date (PSA 2670 - Professional Serwces Agreement for Design of t-hckory Creek Road awarded to Teague, Nail and Perkins, Inc, for a total amount of $215,700 00) PROFESSIONAL SERVICE AGREEMENT INFORMATION: This Professional Services Agreement is for the design of the I-hckory Creek Road for Preliminary Design Phase, F~nal Design Phase and Construction Phase along with Design Surveys, Preparatmn of Right-of-Way documents, Right-of Way Acquisition Services, Geo- technical Investigations, Traffic Control Plans and Corp of Engineers 404 Permit This design is a result from the preliminary route study for I-hckory Creek Road The Professional Services Procurement Act, Chapter 2254 of the government Code requires the selection of a Professional Service be deterrmned on the basis of demonstrated competence and quahficattons to perform the services at a fmr and reasonable price Teague, Nail and Perlans, Inc was chosen for this project based upon their development and successful completion of the pmhmlnary route study for I-hckory Creek Road, a thorough understanding of the Hickory Creek Road's intent for design, and qualifications of Teague, Nail and Perkans, Inc and other similar projects completed by Teague, Nail and Perkins, Inc PRIOR ACTION/VIEW {COUNCIL~ BOARDS~ COMMISIONS) The funchng for this project was approved through a Reimbursement Resolution dated October 17, 2000 RECOMMENDATION: It is recommended that this Professional Servmes Agreement (PSA 2670) and Pumhase Order to Teague, Nall and Perlans, Inc, be approved, along with the contract document in the amount of $215,700 00 Agenda Information Sheet April 17, 2001 Page 2 PRINCIPAL PLACE OF BUSINESS: Teague, Nail and Perkans, Inc Denton, Texas ESTIMATED SCHEDULE OF PROJECT: It ~s anticipated that the Not~ce to Proceed will be ~ssued on or about April 27, 2001 Estimated completion date ~s 90 days from Not~ce to Proceed (approximately August 1,2001) FISCAL INFORMATION: The funding will be from account (481-020-STRT-0103-9105) Total project cost ~s estimated to be $2 3 n'ulhon, including professional servtces and r~ght-of-way acqmsmon Total capital funding programmed for the project ~s $2 25 rmlhon ($750,000 - mty, $1 5 rmlhon - county) Construction funchng will be addressed when the b~d process takes place Respectfully submitted Tom Shaw, C P M, 349-7100 Pumhasmg Agent 1558 Agenda ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH TEAGUE, NALL AND PERKINS, INC, FOR THE DESIGN OF HICKORY CREEK ROAD AS SET FORTH IN TFI~ CONTRACT, AND PROVII)ING AN EFFECTIVE DATE (PSA 2670- PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF HICKORY CREEK ROAD AWARDED TO TEAGUE, NAI J, AND PERKINS, INC, FOR A TOTAL AMOUNT OF $215,700 00) WHEREAS, The professmnal services prowder (the "Prowder) mentioned in thru ordinance is being selected as the most Nghly qualified on the basra of its demonstrated competence and quahficatmns to perform the proposed professional serwces, and WHEREAS, The fees under the proposed contract are fmr and reasonable and are consistent w~th and not Ngher than the recommended practices and fees published by the professional assocmt~ons apphcable to the Prowder's profession and such fees do not exceed the maximum provided by law, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I The C~ty Manager ~s hereby authorized to enter into a professional service contract w~th the Prowder, Fregonese Calthorpe Associates is to provide Assistance xn Implementatmn of the Downtown Rewtahzatmn Plan and Open Space Plan, a copy of which ~s attached hereto and Incorporated by reference herem SECTION 1I The C~ty Manager ~s authorized to expend funds as required by the attached contract SECTION III The findings m the preamble of this ordinance are ~ncorporated herein by reference SECTION IV Th~s ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of ,2001 EUL1NEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM STATE OF TEXAS COUNTY OF DENTON PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING AND SURVEYING SERVICES PERTAINING TO HICKORY CREEK ROAD IMPROVEMENTS THIS AGREEMENT is made and entered ~nto as of the day of ,2001, by and between the C~ty of Denton, Texas, a Texas Mumc~pal Corporation, w~th ~ts pnnc~pal offices at 215 East McKanney Street, Denton, Texas 76201 (hereafter "OWNER") and Teague, Nail, and Perlans, Inc, a Texas Corporation, w~th ~ts offices at The Radio Center Bmld~ng, 235 West Hmkory, State 100, Denton, Texas 76201 (hereafter "CONSULTANT"), the parties acting herein, by and through their duly-anthonzed representatives and officers WlTNESSETH, that m consideration of the covenants and agreements hereto contmned, the parties hereto do mutually AGREE as follows ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with CONSULTANT, as an ~ndependant contractor, and the CONSULTANT hereby agrees to perform the services here~n m connection with the ProJect as stated m the Articles to follow, with dlhgence and m accordance wath the professional standards customarily obtained for such services ~n the State of Texas The professmnal services set forth herein are in connection with the following described project (the "ProJect") Professional engmeenng and surveying services pertmmng to the preparatmn of construction plans and spemficatlons, g~otechmcal servmes, 404 permitting, services dunng the bidding process, the performance of related construction phase services, surveying services, right-of-way acqmslt~on servmes, and general representation dunng constructaon for the H~ckory Creek Road Improvements ARTICLig II SCOPE OF SERVICES The CONSULTANT shall perform the following Basic Services m a profeasmnal manner A To perform those profesmonal services as set forth ~n the "Scope of Services", regarding Hickory Creek Road prepared by CONSULTANT for OWNER, which twelve (12) page document ~s attached hereto as Exhibit "A," and is ~ncorporated hereto by reference, which document is comprised of, and subdivided into the following two sections Basic Services Prehmmary Design Phase F~nal Design Phase Construction Phase Special Services Deslgn Surveys Preparation of Pdght-of-Way documents Right-of-Way Acqmsltlon Services Geotech.mcal Invest~gatmns Traffic Control Pla.ns Corps of Engineers 404 Penmt B If there ~s any conflmt, or if any conllmt arises between the terms of this Agreement and Exhibit "A" attached to tlus Agreement, the terms and conchtlons of tins Agreement shall control over the terms and conditions of the Extubtt ARTICLE III ADDITIONAL SERVICES Any addmonal servmes to be performed by the CONSULTANT, ~f authorized by the OWNER, wtuch are not included as Basic Services or Special Servmes m the above-described Scope of Servmes, set forth as provided by Article II above, shall be later agreed-upon by OWNER and CONSULTANT, who shall determine, m writing, the scope of such adthtlonal services, the amount of compensation for such addmonal serv~cas, and other essential terms pertmmng to the prowslon of such additional servmes by the CONSULTANT ARTICLE IV PERIOD OF SERVICE Th~s Agreement shall become effecUve upon executmn by the OWNER and the CONSULTANT and upon the issuance ora notme to proceed by the OWNER, and shall remain m force and effect for the permd that may reasonably be reqmred for the completmn of the ProJect, including Addmonal Services, if any, and any required extensions approved by the OWNER This Agreement may be sooner terminated m accordance with the provisions hereof T:me is of the essence m tbs Agreement CONSULTANT shall make all reasonable efforts to complete the services set forth here~n as exped~tmusly as possthle and to meet the schedule reasonably estabhshed by the OWNER, substantially m accordance with the Schedule set forth m Extub~t "A" attached hereto, acting through ~ts Assistant C~ty Manager for Development Services, or Ins designee ARTICLE V COMPENSATION A COMPENSATION TERMS 1 "Subcontract Expense" is defined as those expenses, ~f any, ~ncurred by CONSULTANT m the employment of others m outside firms, for services in the area of professmnal engmeenng, of surveying, or for related services Any subcontractor or subconsultant bflhng reasonably ~ncurred by the CONSULTANT m cormectmn with the Project shall be invoiced to OWNER by CONSULTANT at the actual cost plus ten (10%) percent 2 "Direct Non-Labor Expense" is defined as that expense, based upon actual cost, for any out-of- pocket expense reasonably recurred by the CONSULTANT m the performance of this 2 Agreement £or long distance telephone charges, telecopy charges, messenger services, pnntlng and reproduction expenses, out-of-pocket expenses for purchased computer time, prudently recurred travel expenses related to the work on the Project, and similar incidental expenses incurred m connection with the ProJect B BILLING AND PAYMENT For and m conslderatlon of the professional services to be performed by the CONSULTANT herein, the OWN'ER agrees to pay CONSULTANT, based upon the satisfactory completion of the Basic Services tasks set forth m the Scope of Services as shown in Article II above, as follows 1 CONSULTANT shall perform ~ts work on this ProJect m accordance with the prowslons of those tasks included m the Scope of Servmas set forth m Exbablt "A" attached hereto and incorporated herewith by reference CONSULTANT shall perform the said professional services substantially m accordance with the project schedule set forth in Exinblt "A" CONSULTANT shall be pa~d for sermcas rendered pursuant to the Agreement on the basis set forth m Exinblt "B", billed monthly CONSULTANT shall bill monthly based on CONSULTANT'S estimate of the percentage of the task OWNER agrees to pay to CONSULTANT for its professional services performed, for its Subcontractor Expense, and for its Direct Non-Labor, out-of pocket expenses recurred m the ProJect, an amount of fees and expenses totaling $215,700 2 Partial payments to the CONSULTANT will be made monthly in accordance with the statements reflecting the actual completion of the Basic Services, rendered to and approved by the OWNER through its Assistant City Manager for Development Services, or his designee However, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered The OWNER may withhold the final ten (10%) pement of the above not-to-exceed amount until satisfactory completton of the Project by the CONSULTANT 3 Notinng contamed in this Article shall require the OWNER to pay for any work winch is unsatisfactory as reasonably determined by the Assistant City Manager for Development Services or his designee, or winch is not subrmtted by CONSULTANT to the OWNER in compliance w~th the terms of tins Agreement The OWNER shall not be required to make any payments to the CONSULTANT at any time when the CONSULTANT is in default under this Agreement 4 It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to tins Agreement which would reqmre additional payments by the OWNER for any charge, expense or reimbursement above the fixed fee amount as stated herelnabove, without first having obtained the pnor written authorization from the OWNER CONSULTANT shall not proceed to perform any services to be later provided for under Article ~I "Additional Services" without first obta~mng pnor written authorization from the OWNER C ADDITIONAL SERVICES For additional services authorized in writing by the OWNER in Article 1II herelnabove, CONSULTANT shall be paid based on a to-be-agreed-upon Schedule of Charges Payments for additional services shall be due and payable upon submlsmon by the CONSULTANT, and shall be in accordance with Article V B herelnabove, at the rates shown in Exhibit "C" Statements for Basic Services and any additional services shall be submitted to OWNER no more frequently than once monthly D PAYMENT If the OWNER fails to make payments due the CONSULTANT for services and 3 expenses within sixty (60) days after receipt of the CONSULTANT'S undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month fi.om and after the smd sixtieth (60th) day, and in addition, thereafter, the CONSULTANT may, after g~vlng ten (10) days written notice to the OWNER, suspend services under tins Agreement until the CONSULTANT has been prod in full for all amounts then due and owing, and not disputed by OWNER, for services, expenses and charges Provided, however, nothing herein shall reqmre the OWNER to pay the late charge of one percent (1%) per month as set forth herein, if the OWNER reasonably deterrmnes that the CONSULTANT's work ts unsatisfactory, in accordance with Article V B oftlus Agreement, and OWNER has notified CONSULTANT of that fact in writing ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due dlhgence in dlscovenng and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any of 1ts subcontractors or subconsultants ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or furmshed by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are mstruments of service and shall become the property of the OWNER upon the termination of this Agreement The CONSULTANT is entitled to retmn copies of all such documents The documents prepared and furmshed by the CONSULTANT are intended only to be apphcable to ~ins project and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense In the event the OWNER uses the Agreement m another project or for other purposes than specified herem any of the lnformat~on or materials developed pursuant to tins Agreement, CONSULTANT is released from any and all habfllty relating to their use m that project ARTICLE VIII INDEPENDENT CONTRACTOR CONSULTANT shall prowde services to OWNER as an independent contractor, not as an employee of the OWNER CONSULTANT shall not have or claim any right arising fi.om employee status ARTICLE IX INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officials, officers, agents, attorneys and employees fi.om and against any and all llablhtles, clmms, demands, damages, losses and expenses, including but not limited to court costs and reasonable attorney fees incurred by the OWNER, and mcludlng without hmltatlon, damages received or sustmned for bodily and personal injury, death, or property damage, resulting from, and proximately caused by the negligent acts or omissions of the CONSULTANT or its officers, agents, subcontractors, subconsultants, and/or employees in the execution, operation, or performance of this Agreement Nothing in this Agreement shall be construed to create a liability to any person who is not a party to tins Agreement and nothing herein shall wmve any of the party's defenses, both at law or equity, to any claim, cause of actmn or litigation filed by anyone not a party to th~s Agreement, including the defense of governmental lmmumty, winch defenses are hereby expressly reserved ARTICLE X INSURANCE Dunng the performance of the Services under tlus Agreement, CONSULTANT shall malntmn the following insurance with an insurance company hcensed to do business m the State of Texas by the State Insurance Board or any successor agency, that has a rating w~th A M Best Rate Camers of at least an "A-" or above A Comprehensive General Lmbthty Insurance w~th boddy ~njury hm~ts of not less than $1,000,000 for each occurrence and not less than $1,000,000 m the aggregate, and w~th property damage hm~ts of not less than $100,000 for each occurrence and not less than $100,000 m the aggregate B Automobile Lmbfl~ty Insurance w~th bothly injury hm~ts of not less than $500,000 for each person and not less than $500,000 for each acmdent and w~th property damage hm~ts for not less than $100,000 for each accident C_ Worker's Compensation Insurance m accordance w~th statutory reqmrements and Employer's Llablhty Insurance w~th lamts of not less than $100,000 for each accadent D Professional L~abthty Insurance with hmlts of not less than $2,000,000 annual aggregate E CONSULTANT shall furmsh insurance certfficates or msurance pohmes to the OWNER to evidence such insurance coverage The insurance pohcles shall name the OWNER as an additional insured on all such pohcaes to the extent that is legally possible, and shall contain a provision that such insurance shall not be cancelled or modffied without at least thirty (30) days prior written notme to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effectave date of the change or cancellation of coverage, dehver copies of any such substitute pohmes, furmsInng at least the same pohcy lma~ts and coverage, to OWNER ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The part, es may agree to settle any disputes under th~s Agreement by subrmttmg the dmpute to arb~tratmn or other means of alternate dispute resolution such as med~atmn No arbatratlon or alternate thspute resolution ansmg out of or relating to, tins Agreement mvolwng one party's disagreement may ~nclude the other party to the disagreement w~thout the other's approval ARTICLE XII TERMINATION OF AGREEMENT A Notwithstanding any other provision of thru Agreement, e~ther party may terminate this Agreement by providing thirty- (30) days advance written notice to the other party B Tins Agreement may alternatively be terminated ~n whole or in part in the event of e~ther party substantially falhng to fulfill ~ts obhgat~ons under ti'ns Agreement No such termination w~ll be effected unless the other party is given (1) wntten notice (dehvered by certified mall, retum receipt requested) of intent to terminate and setting forth the reasons specifying the nonperformance or other reason(s), and not less than thirty (30) calendar days to cure the failure, and (2) an opportumty for consultation with the terminating party prior to termination C If tins Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services upon receipt of the written notice of termination from OWNER, and shall render a final ball for services to the OWNER wlttun twenty (20) days after the date of termlnatmn The OWNER shall pay CONSULTANT for all servmes properly rendered and satisfactorily performed, and for reimbursable expenses prior to notice of ternunatlon being received by CONSULTANT, in accordance with Article V of this Agreement Should the OWNER subsequently contract with a new consultant for the continuation of services on the ProJect, CONSULTANT shall cooperate m providing reformation to the OWNER and to the new consultant If apphcable, OWNER shall allow CONSULTANT a reasonable t~me to transition and to turn over the Project to a new consultant CONSULTANT shall mm over all documents prepared or furmshed by CONSULTANT pursuant to tins Agreement to the OWNER on or before the date of termmatmn, but may maintain copies of such documents for its files ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval of the work by the OWNER shall not constitute, nor be deemed a release of the respons~blhty and liability of the CONSULTANT, its officers, employees, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work performed pursuant to this Agreement, nor shall such approval by the OWNER be deemed as an assumption of such respons~blhty by the OWNER for any defect m the design or other work prepared by the CONSULTANT, its pnnc~pals, officers, employees, agents, subcontractors, and subconsultants ARTICLE XIV NOTICES All notices, communmatlons, and reports required or permitted under tins Agreement shall be personally delivered to, or telecopled to, or mailed to the respective parties by depositing same m the Umted States mm~ at the addresses shown below, postage prepmd, certified mml, remm receipt requested, unless otherwise Specified hereto To CONSULTANT To OWNER Teague, Nall, and Perkms, Inc City of Denton, Texas Gary L Vlckery, P E Michael W Jez, City Manager The Radio Center Building 215 East Mcgnnney 235 W Hmkory, Suite 100 Denton, Texas 76201 Denton, Texas 76201 Fax (940) 383-8026 Fax (940) 349-8596 All notmes given under this Agreement shall be effective upon their actual recelpt by the party to whom such notice is g~ven ARTICLE X¥ ENTIRE AGREEMENT This Agreement consisting often (10) pages and three (3) exhibits constitutes the complete and final expression of the Agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, understandings, and agreements winch may have been made in connection with the subject matter of tins Agreement ARTICLE XVI SEVERABILITY If any prowslon of this Agreement is found or deemed by a court of competent junsdlctIon to be ~nvahd or unenforceable, at shall be considered severable fi.om the remainder of tins Agreement, and shall not cause the remainder to be ~nvahd or unenforceable In such event, the parties shall reform tins Agreement, to the extent reasonably possible, to replace such stricken provision with a vahd and enforceable provision winch comes as close as possible to expressing the onganal ~ntentlons of the parties respecting any such stricken provision ARTICLE XV'II COMPLIANCE WITH LAWS The CONSULTANT shall comply w~th all federal, state, local laws, rules, regulations, and ordinances appheable to the work performed by CONSULTANT hereunder, as they may now read or as they may hereafter be amended ARTICLE XVIII DISCRIMINATION PROHIBITED In performmg the services reqmred hereunder, the CONSULTANT shall not dlscnmlnate against any person on the bas~s of race, color, rehglon, sex, national ong~n or ancestry, age, or physical handicap ARTICLE XIX PERSONNEL A CONSULTANT represents that ~t has or w~ll secure at its own expense all personnel reqmred to perform all the services reqmred under tins Agreement Such personnel shall not be employees or officers of,, nor have any contractual relations w~th the OWNER CONSULTANT shall ~mmedlately ~nform the OWNER in wnt~ng of any conflict of interest or potential conflict of interest that CONSULTANT may discover, or winch may arise dunng the term of tins Agreement B All services reqmred hereunder will be performed by CONSULTANT or under ~ts direct supervision All personnel engaged in perfonmng the work provided for ~n this Agreement, shall be quahfied, and shall be authonzed and permitted under state and local laws to perform such services ARTICLE XX ASSIGNABILITY The CONSULTANT shall not assign any ~nterest ~n this Agreement and shall not transfer any ~nterest m tins Agreement (whether by assignment, novation or otherwme) w~thout the prior written consent of the OWNER CONSULTANT shall promptly notify OWNER ~n writing of any change of ~ts name as well as of any s~gmficant change an its corporate structure or ~n ars operatmns ARTICLE XXI MODIFICATION No wmver or modfficat~on of tins Agreement, or of any covenant, cond~tmn, hmatatmn herein contained shall be valid unless m writing and duly executed by the party to be charged therewith No ewdence of any waiver or modfficataon shall be offered or received ~n evidence ~n any proceeding arising between the parties hereto arising out of, or affecting tins Agreement, or the nghts or obhgatlons of the part, es hereunder, unless such wmver or modfficatmn ~s an wntang, duly executed The part~es further agree that the prowsmns of th~s Artmle wall not be watved unless as herein set forth ARTICLE XXII MISCELLANEOUS A The following exinints are attached to, incorporated herewith by reference, and ~s made a part of tins Agreement for all purposes pertanent Exinint "A" - "Itermzed Scope of S ervmes" [twelve (12) page document] Exinint "B" - "Schedule of Fees" [three (3) page document] Exinb~t "C" - "Standard Rate Schedule" [one (1) page document] B CONSULTANT agrees that OWNER shall, until the exp~ratmn of four (4) years after the final payment made by OWNER under tins Agreement, have access to and the right to examine any d~rectly pertinent books, documents, papers and records of the CONSULTANT ~nvolwng transactmns relating to tins Agreement CONSULTANT agrees that OWNER shall have access dunng normal workang hours to all necessary CONSULTANT faclhtles and shall be provided adequate and appropriate working space m order to conduct exammatmns or audits m comphance w~th tins Article OWNER shall give CONSULTANT reasonable advance not,ce of all ~ntended examinations or audits C Venue of any stat or cause of actaon under tins Agreement shall lie exclusively m Denton County, Texas Tins Agreement shall be governed by and construed in accordance with the laws of the State of Texas D For purposes of tins Agreement, the partms agree that the ProJect Manager shall be Gary L V~ckery, P E Th~s Agreement has been entered into w~th the understanding, expectatmn, and the OWNER's rehance, that the above-stated employee of CONSULTANT shall perform all or a s~gmficant port~on of the work on the ProJect Any proposed changes regarding the change of the ProJect Manager or other key personnel serving the OWNER on th~s ProJect, requested by CONSULTANT, respecting one or more of the above-stated employees, shall be subject to the approval of the OWNER, whmh approval the OWNER shall not unreasonably w~thhold Nothing here~n shall hm~t CONSULTANT fi.om using other quahfied and competent members of~ts firm to perform the other ~nc~dental 8 servmes reqmred here~n, under ~ts superwmon or control E CONSULTANT shall commence, carry on, and complete ~ts work on the ProJect w~th all apphcable d~spatch, and m a sound, econommal, efficient manner, and ~n accordance w~th the provm~ons hereof In accomphsinng the Project, CONSULTANT shall take such steps as are appropriate to ensure that the work ~nvolved m properly coordinated w~th any related work being camed on by the OWNER F The OWNER shall asmst the CONSULTANT by placing at the CONSULTANT's d~sposal all available mformat~on pertinent to the Project, including previous reports, any other data relative to the ProJect and arranging for the access to, and make all prommons for the CONSULTANT to enter ~n or upon, pubhc and private property as reqmred for the CONSULTANT to perform profesmonal services under tlus Agreement OWNER and CONSULTANT agree that CONSULTANT ~s entitled to rely upon mfon'nat~on furmshed to it by OWNER w~thout the need for further ~nqm~y or ~nvest~gat~on into such mformat~on G The captions of thru Agreement are for mformat, onal purposes only and shall not m any way affect the substantive terms or cond~taons of tins Agreement IN WITNESS WHEREOF, the OWNER, the C~ty of Denton, Texas has executed tins Agreement ~n four (4) onganal counterparts, by and through ~ts duly-authonzed C~ty Manager, and CONSULTANT has executed's Agreement by and through ~ts duly-authorized undermgned officer on ttus the day of ,2001 "OWNER" CITY OF DENTON, TEXAS A Texas Mummpal Corporation By HOWARD MARTIN, INTERIM CITY MANAGER ATTEST JENN1FER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By "CONSULTANT" TEAGUE, NALL, AND PERKINS, INC A Texas Corporation ATTEST lO EXHIBIT 'A' ITEMIZED SCOPE OF SERVICES BASIC SERVICES PROJECT DESCRIPTION Th~s project Includes the ~mprovement of Hickory Creek Road from Teasley Lane (F M 2181) west to Riverpass Drive The project ~s approximately 6,700 feet m length, and ~s currently a two-lane asphalt road w~th roadside d~tches throughout neady its enbre length The proposed roadway section wdl eventually be a s~x-lane d~wded arterial street from Teasley to Country Club Road The project wdl consist of design of the ~nner two lanes m each d~rect~on, along w~th the median and appropriate turn lanes Our Conceptual Opinion of Probable Construction Cost for the entire project ~s $2,331,300 The scope of Basic Services generally consists of the preparabon of detaded plans and spec~ficabons for pawng and drainage ~mprovements, ~nclud~ng an addlbonal bridge over Fletcher Branch Special Services such as field design surveys, right-of-way document preparation, right-of-way acquisition, regulatory permitting, and geotechmcal ~nvest~gabons and preparabon of a drainage study to ~dent~fy the floodway of the "Zone A" tnb near the east end of the project w~ll also be provided, as described ~n Exhibit 'B' GENERAL A Basis for Scope of Services The following assumptions were used by the ENGINEER for the preparation of the scope of Basic Services for th~s project 1 The CITY wdl coordinate plan review and approval w~th TxDOT The ENGINEER wdl prepare the plans and exhibits necessary for rewew by TxDOT 2 A traffic ~mpact analysis wdl be (or has been) prepared by others and provided to the ENGINEER for use ~n determlmng the proposed pavement design section 3 No traffic slgnahzation wdl be Included as a part of the scope of th~s project 4 The creek crossing at the east end of the project ~s in an area designated by FEMA as Zone A and a LOMR will not be required for th~s cross~ng 5 M~mmal ~mpacts are expected to Fletcher Branch, as the proposed bridge will match the ex~stmg bridge No LOMR ~s anticipated for th~s crossing 6 Section 404 permitting for the creek crossings wdl be based on one Nationwide 14 permit For purposes of th~s proposal, ~t ~s assumed that the ~mpacts to the streams can be hm~ted to less than 200', which w~ll eliminate the need for a Preconstruct~on Notification to the Corps of Engineers Therefore, the 404 permitting effort wdl consist of nobfylng the Exhibit A - Page ! Corps of Engineers after construction ~s complete In the event that stream ~mpacts cannot be hm~ted as mdmated, preparation of a PCN be performed at hourly rates as Additional Services 7 The project w~ll be designed and constructed m accordance w~th the C~ty of Denton Standard Spec~ficabons and requirements 8 The project wdl be designed on the bas~s of construction of an asphalt street w~th concrete curb and gutter A b~d alternate wdl be ~ncluded m the plans for a concrete street Separate plan sheets wdl be prowded to depict th~s b~d alternate 9 R~ght-of-way acquIsition services w~ll ~nclude good faith efforts to negobate a pumhase price, based on a Market Study of land prices to be prepared for th~s project 10 Appraisals w~ll be prepared only as needed for condemnabon Services rendered relabve to appraisals and/or condemnation wdl be performed at hourly rates as Additional Services 11 The desIgnated fee for R~ght-of-Way Acqu~s~bon ~s based on acquisition of 12 parcels A change ~n the number of pamels (e~ther up or down) w~ll make an adjustment m the fee necessary 12 It ~s our understanding that t~tle ~nsurance wIll be purchased by the CITY and that closings w~ll be conducted by the t~tle company 13 It ~s assumed that no Federal funds wdl be used on the project The involvement of Federal funds has a s~gmficant ~mpact on the process and requirements ~nvolved ~n the right-of-way acquisition B Design Meebngs 1 The ENGINEER wdl meet regularly as needed w~th the C~ty of Denton staff during the development of the preliminary and final plan phases of the project C Project Management, Administration and Coordination 1 The ENGINEER wdl meet w~th other enbt~es and/or groups, such as TxDOT or Denton County, on an as needed bas~s for the duration of the project design 2 The ENGINEER will establish a work program and schedule for each subconsultant, as necessary, at the beginning of each phase of the project The ENGINEER will be responsible for the coordination, supervision, review and incorporation of work performed by subconsultants 3 The ENGINEER will prepare exhibits for two (2) pubhc meebngs relative to the project, and will assist C~ty staff expected that one meeting will be held dunng the Prehmlnary Design Phase, and another just prior to the Construction Phase Exhibit A - Page 2 D Data Collection 1 The ENGINEER wdl collect, compde and evaluate ex,sting data collected from the C~ty of Denton or other ent~bes that prowde available ex~sbng ~nformat~on related to the design of the project 2 A location map/schematic plan wdl be prowded to the affected utd~ty compames by the ENGINEER These schematms wdl be used by the utd~ty companies to show approximate locations of their facd~bes that are or may be affected by the project 3 The ENGINEER will make every effort to obtain as-budt, record and/or future plans for the following faclhbes m the project area ~ncludmg a Culverts b Roadway c Water L~nes d Sanitary Sewer Lines e Storm Dram Lines f Telephone and Cable TV Underground and/or Overhead Lines g Electric Underground and/or Overhead Lines h Gas Lines Other Utd~bes Known to Serve the Project Area 4 The ENGINEER will compile the preliminary information obtained above for later use in the field to help surveyors tie existing utility locations The locations of utilities tied from field surveys wdl be shown on the paving and drainage plans, as appropriate 5 The ENGINEER will identify potential ubhty conflicts and provide this ~nformat~on to utd~ty companies PRELIMINARY DESIGN PHASE A Design Concept Conference 1 The ENGINEER wdl arrange a design concept conference w~th the CITY to establish design guidelines, typical sections, design speeds and other criteria to be used on the project E3 Roadway Design 1 The ENGINEER will develop a preliminary design of proposed roadway ~mprovements for the entire project The prehmlnary design w~ll ~nclude the Exhibit A - Page proposed honzontal and vertical ahgnments These plan sheets wdl be at a 1"=20' scale and contain topographic ~nformat~on, ex~sbng and proposed right-of-way hnes, ex~stmg underground ubhtles at locations of conflict, Iocabons of driveways, typical sections, roadway basehnes, pavement edges, contours where necessary, hm~ts of structures, hm~ts of retaining walls, ~f any, drainage structures including p~pes, hm~ts of barners and any other mformabon necessary for pavement construction Profiles at 1'=20' horizontal scale and 1"=2' vertical scale wdl contain ex~stmg ground lines at the proposed profile grade hne, hm~ts of structures and profile elevabons at 100 foot ~ntervals Upon completion, the prehm~nary design wdl be submitted to the CITY for rewew The prehmmary design must be approved by the CITY prior to the start of the final design phase 2 The ENGINEER will prepare cross-sections along roadways at 100-foot intervals and will extend to the proposed nght-of-way hm~ts These cross- sections wdl form the bas~s for the determination of earthwork quantities Cut and fill quantities will be computed and tabulated, referencing cross- sections Cmss-secbons wdl be included m preliminary and final plans C Other Roadway Design Elements 1 A project title sheet wdl be prepared as requ,red and included in the plans 2 ProJect Layout sheets w~ll be prepared at a uniform scale which cleady indicate the hm~ts of the enbre project and the main construction elements of the project 3 Roadway typical sections wdl be prepared for paving sections along the vanous portions of the project 4 Roadway horizontal and vertical control and horizontal curve data wdl be shown on the plans 5 Supplementary intersect~on layout ~nformatlon wdl be prepared to propedy show the relabonsh~p between the profiles of ~ntersect~ng streets, where deemed necessary by the ENGINEER 6 Miscellaneous pawng detads wdl be developed as necessary to descnbe the various types of construction when the CITY has no pertinent standard detads available 7 Stormwater Pollution Prevention Plans (SWPPP) w~ll be prepared for the project, s~nce more than five acres wdl be disturbed, as stipulated by NPDES requirements SWPPP plans wdl describe the ~mplementatlon of practices to be used to reduce the pollutants to storm water d~scharges Exhibit A- Page 4 associated with the construction s~te Standard City of Denton and TxDOT details for erosion control will be used as appropriate D Drainage Plans and Details 1 Drainage area maps w~ll be prepared at a scale of 1"=400', using available City of Denton contour maps Cross-culverts and storm dra~n systems w~ll be located and sub-drainage areas determined The runoffto each culvert and storm dra~n system w~ll be calculated ~n accordance with the CiTY's drainage cntena 2 Plan/profile sheets w~ll be prowded for new culvert and storm drain construction 3 Miscellaneous drainage details will be prepared for any drainage related items, whmh are not covered by the CiTY's standard details E S~gn~ng and Pavement Markings 1 The ENGINEER w~ll develop signing and pavement marking layout sheets for project roadways at a minimum 1"=200' scale These layouts w~ll ~nclude basehnes, pavement edges, right-of-way hnes, p~ctonally depicted s~gns w~th their locations, pavement markings and buttons w~th d~mens~oning, culverts and other structures whmh may present a hazard to traffic, and proposed delineators and object markers F S~gnahzatlon 1 The plans wIll ~nclude provisions for installation of condu~t at the ~ntersect~on of Hickory Creek Road and both Monbclto and Riverpass Dnve for possible future signahzat~on G Prehm~nary Quantities and Op~mon of Probable Cost 1 Project quantities w~ll be calculated and tabulated based upon the prehm~nary design for ~ncluslon ~n the b~d proposal and the prehmmary oplmon of probable cost 2 The ENGINEER's opinion of probable construction costs w~ll be prepared for the entire project using current unit cost data These oplmons of cost will be prowded on the bas~s of ENGINEER's experience and professional judgment, but will not ~mply any warranty that final bids might not vary fram the cost opinions provided, since the ENGINEER nor the CITY have any no control over market conditions or b~ddmg procedures Exhibit A - Page H Submit Preliminary Plans for Review 1 Submit up to five (5) sets of preliminary plans for CITY review 2 Submit plans to utility companies for review 3 Meet w~th the CITY to rewew and d~scuss the results of the prehm~nary design phase, as necessary FINAL DESIGN PHASE A Prepare Final Design Plans 1 Incorporate CITY review comments and d~rect~ves from the preliminary design plans ~n the preparation of final construcbon plans B Calculate Final Quantities and Prepare Final Opinion of Probable Cost 1 Revise the preliminary quantities and opinion of probable costs per changes in the final design and CITY rewew comments C Prepare Contract Documents and Spec~ficabons 1 Compde special prowslons necessary for the project 2 Compile specifications necessary for the project Any special spec~fica- bons wdl also be prepared The CITY will provide a copy of their standard spec~ficabons in digital format, ~f avadable 3 Compile and develop a list of general notes necessary for the project 4 Prepare complete contract documents and specifications for b~ddmg purposes D Submit Final Plans, Specifications, and Contract Documents for CITY rewew 1 Submit up to five (5) sets of final bid documents for CITY review and approval 2 Submit detaded drawings and plans/spec~ficabons to appropriate regulatory agency0es) and ubhty compames and obtain clearance 3 Meet with the CITY to review and d~scuss the results of the final design phase, as necessary Exhibit A - Page CONSTRUCTION PHASE A Construction Observabon and Contract Admlmstratlon The ENGINEER w~II prowde hm~ted construction observation and contract admin~strabon for the project w~th~n the scope of Basic Services as outhned below Detailed da~ly construction inspection will be performed by the CITY Any construction phase services requested by the CITY beyond those descnbed below w~ll be provided as Additional Services 1 Assist the CITY ~n the adverbsement of the projects for bid The CITY shall bear the cost of adverbsement The ENGINEER shall prowde all necessary pnntmg of construction plans, spec~ficabons and contract documents (up to 30 sets) for use m obta~mng b~ds, awarding contracts, and construcbng the project The CITY shall be responsible for d~spersmg all plans and specifications from ~ts office to prospective b~dders 2 Attend pre-construction conference 3 V~s~t the s~te on an irregular bas~s as d~rected by the CITY, up to one ws~t per month 4 Consult and advise the CITY, ~ssue such ~nstrucbons to the Contractor as In the judgment of the CITY are necessary, and prepare routine change orders as required 5 Rewew samples, catalog data, schedules, shop drawings, laboratory, shop and m~ll tests of material and equipment and other data which the Contractor ~s required to submit, only for conformance with the design concept of the project and comphance with the ~nformabon given by the Contract Documents, and assemble written guarantees which are required by the Contract Documents 6 Conduct, ~n company with the CITY and the Contractor, a final ~nspecbon of the project for conformance w~th the design concept of the project and compliance with the Contract Documents, and approve in wntlng final payment to the Contractors Exhibit A - Page 7 SPECIAL SERVICES TO BE PROVIDED BY ENGINEER Special Services to be provided by the ENGINEER for th~s Project ~nclude Design Surveys, preparation of R~ght-of-Way Documents, R~ght-of-Way Acquisition services, Geotechmcal Investigations, preparation of a Storm Water Pollution Prevention Plan, preparatIon of Traffic Control Plans, and preparation and submittal of 404 permit documents to the Corps of Engineers The scope of work for these Special Services are more generally descnbed as follows DESIGN SURVEYS A Topographic Survey 1 Perform field desIgn surveys to t~e improvements and topographic features horizontally and vertically w~th~n the project I~m~ts which wdl be required to design and perform the work Easement and/or nght-of-way preparabon and field surveying for easements on private property are not ~ncluded ~n th~s scope The survey wdl depict ex~st~ng features within the project hm~ts, ~nclud~ng pavement, fences, utd~bes, trees, buildings, property comers and other features that wdl affect design and construction Sufficient data will be obtained to prepare cross secbons of the proposed project Surveys wdl show all v~s~ble ex~st~ng ~mprovements and features w~th~n the proposed right-of-way hm~ts throughout the project 2 T~e the horizontal and vertical location of known underground utd~tles based upon available mformat~on and "field locates" or markings prowded by the utility compames ENGINEER w~ll rely solely on the cooperahon of the various utd~ty companIes and any ~nformat~on they or the CITY make avadable 2 Horizontal control monumentat~on and vertical benchmarks w~ll be estabhshed, as necessary 3 Trees will be tied as required by the C~ty of Denton Tree Preservation Ordinance, and a Tree Survey wdl be prepared As required by the C~ty, all trees greater than 6" diameter, w~thln the project hmlts, wdl be shown on the tree survey B Temporary Signs, Traffic Control, Flags, Safety Equipment, Etc 1 The ENGINEER wdl exercise care In completing th~s surveying assignment by using traffic control dewces, flags and safety equipment when necessary Exhibit A- Page 8 PREPARATION OF RIGHT-OF-WAY ACQUISITION DOCUMENTS A R~ght-of-Way Documents for twelve (12) tracts 1 ENGINEER w~ll locate and tie ex~stmg property corners where possible 2 Deed research w~ll be conducted, and the boundary analyzed to determine actual property I~nes 3 A Right-of-Way map w~ll be prepared for inclusion In the plans 4 Individual documents for acquisition of nght-of-way from the necessary tracts will be prepared, but actual acqu~slbon work ~s outlined elsewhere ~n this proposal 5 All boundary survey work and preparation of the ROW map and property documents will be performed by or under the supervision of a Registered Professional Land Surveyor, and will be performed in accordance w~th the guidehnes of the Texas Surveyors Association RIGHT-OF-WAY ACQUISITION SERVICES (Note Right. of-Way Acquisition will be performed by another consultant under contract with the ENGINEER. The ENGINEER shall coordinate w~th the Right- of. Way Agent and will rewew and d~rect all interactions w~th property owners. A copy of the agreement between ENGINEER and James Daniels & Associates, Inc. is attached and made part of th~s agreement between CITY and ENGINEER) A Right-of-Way Acquisition will be performed as outhned below for twelve (12) tracts 1 A Market Study of land prices ~n the area will be prepared, which will show a range of prices for properties for negobatlng purposes Th~s Market Study w~ll be presented to the C~ty for rewew and approval prior to the commencement of negotiations 2 Upon approval by the CITY of the Market Study, property owners w~ll be contacted and an offer made for the necessary nght-of-way Consultant will make a good faith effort to negobate purchase of the necessary right- of-way, wIth~n the parameters outhned ~n the Market Study 3 Executed documents w~ll be delivered to the CITY 4 Appraisals w~ll be prepared on an as-needed basis, and only for those properties where condemnation ~s required Exhibit A - Page 9 GEOTECHNICAL INVESTIGATIONS (Note Geotechnlcal Investigations wEI be performed by another consultant under contract with the ENGINEER. The ENGINEER shall coordinate w~th the geotechnical consultant and rewew test reports and recommendations A copy of the agreement between ENGINEER and CMJ Engineering, Inc rs attached and made part of thts agreement between CITY and ENGINEER)) A F~eld Investigation 1 Thirteen (13) bonngs w~ll be taken at regular intervals along the length of the project, generally to a depth of 8' One bonng w~ll be taken at the approximate Iocatmon of the proposed east culvert crossing, to a depth of approximately 15' Two bonngs w~ll be taken at the Fletcher Branch bridge, to a depth of 40' B LaboratoryAnalys~s and Report 1 Laboratory analys~s w~ll ~nclude moisture analys~s, so~l ~dentificabon, Atterberg hm~ts determmabons, unit weight determinations, unconfined compression tests and lime senes tests 2 Bonng logs w~ll be prowded on all borings, and a report summarizing the findings of the analys~s w~ll be prepared 3 Recommendabons will be made for placement of fill material and for pavement secbons based on the bonng data and on traffic data prowded by others TRAFFIC CONTROL PLANS 1 Traffic control plans w~ll be prepared at an appropnate scale and w~ll show ex~sting conditions and detours necessary to maintain traffic flow dunng each phase of the construcbon 2 All temporary s~gns and pavement markings w~ll be ~denbfled, along w~th necessary project sequencing 3 Traffic control plans w~ll be ~n accordance with the Texas Manual of Umform Traffic Control Devices Traffic control plans necessary for submittal to TxDOT w~ll be prepared as well Exhibit A- Page 10 CORPS OF ENGINEERS 404 PERMIT 1 Data wdl be compded both before and after design and construcbon for submittal to the Corps of Engineers for a Nabonwlde 14 permit for the east culvert crossing 2 A brief report will be prepared dunng the prehm~nary design phase, outhnlng the nature of the junsdtcbonal waters and the ~mpacts of the project on these waters 3 Upon completion of construction, notification w~ll be submitted to the Corps outhn~ng the ~mpacts of the project For purposes of th~s proposal, ~t Is assumed that the ~mpacts to the streams can be hm~ted to less than 200', which will eliminate the need for a Preconstrucbon Notification to the Corps of Engineers In the event that stream ~mpacts can not be hm~ted as ~nd~cated, preparation of a PCN wdl be performed at hourly rates as Additional Services Exhibit A- Page 11 ITEMS TO BE PROVIDED BY CITY TO THE ENGINEER The CITY or the CITY's designee will prowde or make avadable to, or assist the ENGINEER in obtalmng the following services, Information and matenals upon request 1 Available past studies, correspondence, materials and mapping relative to the project 2 Cop~es of construction plans and plats for developed property adjacent to the project 3 Assistance ~n obtaining data from third party sources which ~s available to the CITY at no cost to the ENGINEER 4 Current City of Denton Subd~wslon Rules and Regulabon/Deslgn Standards as applicable 5 Current City of Denton Standard Details, Spec~ficabons and/or Contract Documents 6 A copy of the LOMR recently prepared for the H~ckory Creek Road bridge over Fletcher Branch PROJECT SCHEDULE The ENGINEER shall complete the "Preliminary Design Phase" scope of work ident~fied above, Including the Design Survey and Geotechmcal Investlgabon, within 25 weeks from the Date of Notice-to-Proceed m wntlng by the CITY The ENGINEER shall complete the "Final Design Phase" scope of work identified above w~thm 8 weeks from the Date of Approval of Prehmlnary Design in writing by the CITY or CITY's designee The "Construction Phase" scope of work wdl proceed w~th construcbon of the project Th~s schedule assumes an orderly pregress~on of the ENGINEER's services Delays beyond the control of the ENGINEER may be cause for extension of th~s penod of service Then ENGINEER wdl submit m wnt~ng to the CITY ~ts request for such extensions a m~mmum of thirty (30) calendar days pnor to the end of the affected servme period If CITY has requested s~gmficant modifications or changes ~n the general scope, extent or character of the Project, the brae or performance of ENGINEER's services shall be adjusted equitably Exhibit A - Page EXHIBIT B SCHEDULE OF FEES A BASIC SERVICES For work performed by the ENGINEER w~th~n the scope ~dent~fied m EXHIBIT A, Itemized Scope of Services, the ENGINEER will be reimbursed as described below 1 Labor The following fixed fees shall be pa~d to the ENGINEER for labor involved ~n the vanous items of work within the scope of Basic Services ~dent[fied ~n EXHIBIT A PRELIMINARY DESIGN PHASE $ 89,200 FINAL DESIGN PHASE $ 27,420 CONSTRUCTION PHASE $ 20,580 Subtotal (Labor) $137,200 2 D~rect Expenses D~rect Expenses such as printing, reproductions, automobile m~leage, dehvery/couner services, etc w~ll be reimbursed to the ENGINEER at h~s d~rect invoice expense w~th a not-to-exceed amount of $ 3,000 3 Total Fee for Basic Services TOTAL {BASIC SERVICES) $140,200 B SPECIAL SERVICES Work performed by the ENGINEER outside the scope of Basic Services ~dent~fied ~n EXHIBIT A, Itemized Scope of Services, shall be considered Special Services, as ~dent~fied ~n EXHIBIT A, Speclal Services to be Prowded by Enqmeer The ENGINEER w~ll be reimbursed for Special Services as described below 1 Labor The following fixed fees shall be pa~d to the ENGINEER for labor ~nvolved ~n the vanous ~tems of work within the scope of Special Services ~dent~fied m EXHIBIT A Exhibit B- Page Design Topographic Surveys $ 18,500 Boundary Survey & Preparabon of RNV Documents $ 14,400 COE 404 Permit Coord~nabon $ 1,900 R~ght-of-Way Acquisition $ 25,200 Geotechmcal Investigations $ 9,500 Traffic Control Plans $ 4,000 Subtotal (Labor) $ 73,500 2D~rect Expenses D~rect Expenses such as printing, reproductions, automobile mileage, dehvery/couner services, etc w~ll be reimbursed to the ENGINEER at h~s d~rect ~nvo~ce expense w~th a not-to-exceed amount of $ 2,000 3 Total Fee for Special Services TOTAL (SPECIAL SERVICES) $ 75,500 C ADDITIONAL SERVICES Work performed by the ENGINEER outside that scope ~denbfied ~n EXHIBIT A, Scope of Basic Services, shall be considered Additional Services No Addlbonal Services are anticipated for this project The ENGINEER will be reimbursed for Add~bonal Services, should they be requested, as descnbed below 1 Labor ENGINEER shall be reimbursed on the bas~s of negotiated fees for each ~tem of service prowded, as mutually agreed to by the ENGINEER and CITY, or labor of personnel employed by the ENGINEER w~ll be reimbursed on an hourly basis ~n accordance w~th EXHIBIT C, Standard Rate Schedule 2 D~rect Expenses D~rect Expenses such as pnnbng, reproductions, automobile mileage, dehvery/couner services, etc will be reimbursed to the ENGINEER at h~s d~rect ~nvo~ce expense Where appropnate, a not-to-exceed amount w~ll be estabhshed and agreed to for each ~tem of service provided Exhibit B- Page D SUMMARY OF FEES 1 Basic Services Labor $137,200 Direct Expenses $ 3,000 TOTAL (BASIC SERVICES) $140,200 2 Special Services Labor $ 73,500 D~mct Expenses $ 2,000 TOTAL (SPECIAL SERVICES) $ 75,500 3 Additional Services Labor $ To Be Determined D~rect Expenses $ To Be Determined TOTAL (ADDITIONAL SERVICES) $ To Be Determined 4 Total Fees for ProJect TOTAL FEES $ 215,700 Exhibit B- Page EXHIBIT C TEAGUE NALL AND PERKINS, INC Standard Rate Schedule for Reimbursable Services Effective January 1, 2001 to December 31, 2001 Engineering / Techmcal From To Pnnc~pal $125 $150 Per Hour Office Manager $100 - $125 Per Hour Semor Engineer $75 - $110 Per Hour Engineer $65 - $95 Per Hour Graduate Engineer $55 $80 Per Hour Semor Designer $65 $95 Per Hour Designer $50 $70 Per Hour LandscapeArch~tect/Planner $55 $80 Per Hour CAD Operator $40 $65 Per Hour Draftsman $40 $65 Per Hour Clerical $35 $55 Per Hour Resident ProJect Representative $37 50 $50 Per Hour Surve¥in~ From To RPLS $75 $95 Per Hour SenlorSurveyTechmc~an $55 $65 Per Hour Jumor Survey Techmc~an $45 $55 Per Hour 2-Person F~eld Creww/Equ~pment $80 $90 Per Hour 3-Person Field Crew w/Equipment $100 $110 Per Hour 2-Person G P S Crew w/Equipment $120 $130 Per Hour 3-Person G P S Crew w/Equipment $140 $150 Per Hour 1-Person Robobc Creww/Equ~pment $75 $85 Per Hour 2-Person Robobc Crew w/Equipment $95 $105 Per Hour D,rect Cost Rmmbursables Xerox Cop~es $0 10/page Plots (Full S~ze) $10 00/each Plots (11" x 17") $2 50/each Bluehne Pnnts $1 00/each Mylar Sepias $4 00/each Mileage $0 31/m~le JAMES DANIELS & ASSOCIATES, INC Right-of-Way Services 9239 Vista Way Fort Worth, Texas 76126 Phone (817) 249-4152 Facslrnlle (817) 249-0368 February 23, 2001 Gary L V~ckery, P E, CFM Teague Nail and Perkins, Inc 235 W H~ckory, Suite 100 Denton, Texas 76201 RE Contract for Professional Appraisal and R~ght-of-Way Services Dear Mr V,ckery As you requested, we are submitting a proposal to perform professional services ~n connecbon w~th the acquisition and appraisal services of certain nght-of-way required for the H~ckory Creek Road W~demng ProJect for the C~ty of Denton We submit the following contract proposal for your conslderabon Employment of Consulant Teague Nail and Perkins, hereinafter called the "Engineer" agrees to employ James Daniels & Associates, lnc, hereinafter called the "Contractor", to perform professional services ~n connecbon w~th the acqms[t~on and appraisal services of certain right-of-way required for the following City of Denton project H~ckory Creek Road W~demng Project The Contractor agrees to perform these services as stated in the sections to follow, and for having rendered such services, the Engineer agrees to pay the Contractor compensation as stated ~n the section to follow entitled Compensabon Scope of Work' The scope of work to be performed by the Contractor shall be ~n accordance w~th the section entitled SCOPE OF WORK FOR PROJECT TASKS ~ncluded ~n the DESCRIPTION OF BASIC CONTRACT SERVICES AND RELATED MATTERS Th~s proposal Is made an ~ntegral part of th~s contract and ~s ~denbfled as Exhibit A as attached hereto It ~s understood that the number of pamels on which professional services w~ll be requested may be adjusted to reflect work already completed by the Engineer and City If the number of parcels to be appraised or acquired ~s reduced from those Indicated ~n Exhibit A as attached hereto, the compensabon due the Contractor will need to be rewewed In accordance w~th the terms expressed in Exhibit A as attached hereto C~ty of Denton Page 2 Schedule of Work· The work described under "Scope of Work for Project Tasks" on Exhibit A as attached hereto shall be completed expeditiously so as to not delay completion of the c~ty project Compensation' The Engineer shall pay, and the Contractor agrees to accept ~n full compensation for the work to be performed, on the bas~s of the "Not to Exceed Fee" as set forth ~n the section entitled COMPENSATION TO THE CONSULTANT shown ~n Exhibit A as attached hereto In the event the number of parcels to be appraised or acquired ~s reduced from those ~nd~cated ~n Exhib,t A as attached hereto, the compensation due the Contractor w~ll need to be rewewed ~n accordance w~th the terms expressed ~n Exhibit A, In the event the Scope of Work as described above ~s expanded or the City or Engineer requests extra work to be performed ~n addition to the defined ~n the above Scope of Work, the expanded or extra work wdl be paid for as Add~tional Services The compensation due the Contractor for additional servmes shall be based on actual hourly rates and costs m accordance with the schedule shown m the section entitled Compensation For Additional Servmes shown In Exhibit A as attached hereto Method of Payment' The Contractor shall submit invoices monthly based on the work accomphshed during the preceding month Abnef progress report shall accompany each ~nvo~ce The Engineer shall pay the amount invoiced within fifteen (15) working days of receipt of the ~nvo~ce If th~s agreement meets w~th your approval, please s~gn ~n the space prowded and return to us We are enclosing two copies for your file JAMES DANIELS 8, ASSOCIATES, INC ACCEPTED Mehssa Ehrhardt, MAI Date EXHIBIT A PROPOSAL FOR RIGHT-OF-WAY ACQUISITION AND APPRAISAL SERVICES HICKORY CREEK ROAD WIDENING PROJECT Submitted To. Teague Nail and Perkins Submitted By. JAMES DANIELS & ASSOCIATES, INC 9239 Vista Way Fort Worth, Texas 76126 DESCRIPTION OF BASIC CONTRACT SERVICES AND RELATED MATTERS Th~s proposal made to the Teague Nail and Perkins (Engineer) as of February 23, 2001 by James Dantels& Associates, Inc. (Contractor) is for professional services in connection w~th the appraisal and/or the acquisition of the nghts-of-way required for the following City of Denton project Hickory Creek Road Widening Project PROJECT ADMINISTRATION ORGANIZATIONAL MEETING A meebng of both parties shall be conducted as soon as possible after the contract between the Engineer and the Contractor has been finahzed Dunng this orgamzatlonal meeting an understanding should be reached between the Engineer and the Contractor as to the idenbficatlon of pnnc~pal tasks, the procedures to be followed, those responsible for the completion of each task, and the time frame involved It Is extremely important for all part~es to completely understand the responslb~htles of all concerned PROJECT SCHEDULE A project schedule shall be developed to maximize the efficient use of all available resources Th~s schedule will ~dentlfy all tasks required for the t~mely and economical completion of the project Certain tasks will be ~ndependent of other tasks and some will be interdependent The ~nterdependent tasks usually are on the critical path of project movement On th~s project the time available to complete the acquisition ~s extremely short Expedlbous completion of each task is necessary for the complebon of the total acqu~s~bon process The time allotted for each task w~ll d~ctate the resources ~n both personnel and mater~al to be assigned to each task The schedule must be closely momtored to ~nsure that t~mely performance ~s being achieved and to adjust the allocabon of resources ~f the schedule Is not being maintained The proposed schedule for the project ~s to be completed within 90 days of the date of authorizabon to beg~n PROJECT MANAGEMENT: A supervisor will be assigned to manage the project He will be responsible for the coordination and commumcatlon with the Engineer Progress reports w~ll be submitted by the Contractor to the Engineer on the ~ntervals determined ~n the Imbal orgamzat~onal meeting FILE PREPARATION. A General F~le w~ll be established for the project assigned to the Contractor, and a separate Parcel File will be established for each parcel to be acquired The general file w~ll consist of all communicat~ons conducted on the project that is not parcel specific Upon completion of the project the supporbng files will be submitted to the Engineer SCOPE OF WORK FOR PROJECT TASKS APPRAISAL/MARKET STUDY. The Contractor shal[ provide a Market Study of land pnces ~n the area and provide a range of prices for properties ~n the area for negobatmg purposes The Contractor will present to the City a copy of the Market Study for the City's approval Compensation pa~d to the Contractor for services under th~s item of work as hsted above ~s ~ncluded ~n the "Not to Exceed Fee" submitted ~n th~s proposal Should negotlabons not be successful or an appre~sal ~s considered necessary and approved by the City, the cost for the Appraisal w~ll be considered Additional Serv,ces This cost ~s shown ~n the schedule entitled Compensation for Additional Services Any court tesbmony and pretrial preparabon needed by the appraiser will be based on the hourly rate found in the schedule for Addihonal Services. The appraisal will be prepared by State Certified Appraisers In accordance w~th the Uniform Standards of Professional Appraisal Practices (USPAP) and w~ll be suitable for use ~n condemnabon proceedings DOCUMENT PREPARATION: The Engineer and C,ty w~ll be responsible for all the surveying, for the preparation of the legal descriptions and plats on the parcels to be acquired. and for the preparation of all legal documents Using the legal documents furnished by the City, the Contractor w~ll assemble the appropriate property descriptions prepared by the City for use In the acquisition of the reqmred parcels The Contractor w~ll make a cursory review of the legal descriptions and plats to determine that they are compatible The City however w~ll be responsible for their accuracy ~n describing the property to be acquired Compensation pa~d to the Contractor for services under th~s item of work as hsted above ~s included ~n the "Not to Exceed Fee" submitted ~n th~s proposal CONDEMNATION. The Contractor w~ll provide the necessary services to assist the Engineer and City and with the following tasks in support of the City's use of ~ts power of eminent domain in acqulnng the easements The Contractor w~ll be responsible for obtaining authorization from the Engineer and City to send a final offer to a property owner ~f it appears that further negobat~ng efforts w~ll be nonproductive The Contractor w~ll be responsible for obta~mng authonzahon from the City to secure an appraisal for each parcel to be condemned If requested by the City and Engineer, the Contractor w~ll then prowde the services of a quahfied appraiser, assign the appraisal. rewew the completed appraisal report and furmsh the appraisal ~nformatlon to the C~ty's legal adwsor for h~s use ~n the condemnabon hearing The Contractor will be responsible for obtalmng an original and/or updated title ~nformat~on for each parcel to be condemned The Contractor w~ll secure a t~tle commitment, from a t~tle company of the City's choosing, on each pamel to be condemned and furnished ~t to the City's legal adwsor The Contractor will prepare and furmsh to the City's legal adwsor a "file package" consisting of the appropriate sketches, legal descriptions, right-of-way agent reports and other ~nformat~on for the legal advisor's use in the required condemnabon actions The Contractor will provide coordination as required for a w~tness to present valuabon tesbmony at the special commissioners hearings and for the preparation of the testimony The Contractor wdl also provide, ~f requested, a right-of-way agent to testify as to negobat~on efforts The number of parcels ~nvolved on the project(s) make ~t ~mpractlcal to esbmate the number of parcels which will likely require condemnation The dlffenng requirements of the legal advisor and the d~fferent c~rcumstances revolved on each parcel to be condemned make ~t d~fficult to estimate the work effort which wdl be required of the Contractor ~n providing the services described above Therefore, in fairness to both the Engineer, City and the Contractor the work prowded under this task will be considered as additional services Compensabon pa~d to the Contractor for these additional services will be on a parcel basis as determined by mutual agreement between the Contractor and the Engineer and City Th~s determination wdl be made after the parcel is ~dent~fied and wdl be computed on the bas~s of the hourly rates and costs in accordance with the schedule shown m the section entitled Compensation For Additional Services. CLOSING PROCEDURES. It ~s our understanding that btle insurance ~s being purchased and the closings will be conducted by the title company The Contraotor will prepare and furmsh the Memorandum of Agreement (M/A) to the Engineer and City for approval for the property owner to execute at the time the parcel ~s successfully negotiated The signed M/A is then forwarded to the City for agreement on any special terms or cond~tions When the City is sabsfied as to the terms and conditions, the M/A wdl be signed by the approved c~ty official on behalf of the City The Contractor's agent wdl then deliver the M/A to the btle company for their use ~n closing the parcel The documents will then be returned to the City after recording Compensation pald to the Contractor for services under th~s Item of work as listed above ~s included in the "Not to Exceed Fee" submitted in th~s proposal except as otherwise provided that payment for curative services as requested by the City will be based on the hourly rates and costs ~n accordance w~th the schedule shown ~n the section enbtled Compensation for Additional services DOCUMENTATION Written documentation w~ll be maintained for each property ~n a separate parcel file Th~s file w~ll Include, as a minimum, the name, address and telephone number of the property owner and tenant, the property owner's verification of btle Information, the legal description and plat, the authorized negobabng price, agent contact reports, and a copy of the right-of-way conveyance and curative documents The Contractor will provide a penod~c progress report on the acquisition which w~ll be submitted to the Engineer The progress report will be msued on ~ntervals agreed upon by the parties at the orgamzat~onal meeting at the beginning of the proJect(s) Compensation pa~d to the Contractor for services under th~s ~tem of work as hsted above ~s ~ncluded ~n the "Not to Exceed Fee" submitted ~n this proposal TITLE INFORMATION' The Engineer will prowde the Contractor name, address, and telephone number, ~f available, of the owner of each parcel to be acquired The Contractor w~ll, at the first contact w~th the owner, attempt to venfy the ownership ~nformat~on fummhed by the Engmeer~and will Inquire of the owner the status of hens, ~f any against the property The results of th~s,w~ll be furnished to the City, however any efforts to cure btle deficiencies will be the respons~bllity of the City Compensation paid to the Contractor for services under th~s ~tem of work as hsted above ~s Included ~n the "Not to Exceed Fee" submitted in th~s proposal If the City determines there are exceptions to btle which should be cleared, any curative work ~nclud~ng tenant releases, performed by the Contractor as authonzed and d~rected by the City wdl be considered as add~bonal services Compensation pa~d to the Contractor for the add~bonal serwces will be actual costs as agreed upon by the Engineer and The Contractor and will be based on the hourly rates and costs m accordance w~th the schedule shown ~n the section entitled Compensation For Additional Services RECOMMENDED NEGOTIATING PRICE The negotiating price for each parcel shall be determined by the Market Study prowded by the Contractor as set forth ~n paragraph two of the SCOPE OF WORK FOR PROJECT TASKS, APPRAISAL/MARKET STUDY At the request of the City, the Contractor may on occasions consult w~th the City, ~n the estabhshment of the values used The City w~ll also estabhsh the limits of the negobabng authority to be g~ven to the Contractor's agent Compensation paid to the Contractor for services under th~s ~tem of work as hsted above ~s ~ncluded ~n the "Not to Exceed Fee" submitted m th~s proposal NEGOTIATION. The Contractor will provide the services of quahfled nght-of-way agents to secure the reequ~red right-of-way for the proJect(s) The Engineer w~ll provide the Contractor with nght-of-way descriptions and plats, plans of the proposed construcbon and cop~es of aenal photography (~f available) for use in the negot~abng efforts The ContractOr will negotiate on behalf of the City He w~ll utlhze the conveyance documents and other necessary forms as prescribed by the City and as approved ~n accordance w~th a prewously discussed paragraph entitled Document Preparation The Contractor w~ll provide a good faith effort to acquire all the right-of-way through a negotlabon process which w~ll generally consist of no less than three contacts w~th the property owner or his authonzed representative, Generally, no more than five contacts w~ll be necessary to reach an agreement w~th the property owner or to determine that further negotiations w~ll be nonproductive and that eminent domain actions will be necessary to acquire the property If absentee owners are ~nvolved, the negotlabons will be conducted v~a telephone, fax or by ma~l If the schedule for acquisition of the nghts.of, way or other factors arise which make it expedient, travel to meet with the absentee owners may be desirable If such events arise, the travel must be specifically authorized by the Engineer and City If such travel is authorized the expenses ~nvolved Including the agents time will be considered as addlbonal services COMPENSATION TO THE CONSULTANT The compensation pald to the Contractor for these services descnbed m the scope of work shall be on a "Not to Exceed Fee" bas~s, and ~nclude right of entry, negot~abon, and management These services wdl be performed and documented for a total fee of $25,200 or $2,100 per parcel, based on an estimated 12 parcels Th~s fee does not include any costs paid for the properties acquired, incidental expenses, t~tle examinations, or attorney expenses or court costs, all of which wdl be borne by the City or others Th~s proposal ~s based on the preparation of appraisals furnished by the City and the acquisition of each of the parcels as shown If the number of the parcels to be acquired ~s reduced, the price per parcel will need to be rewewed The time required to perform certain of these acbwtles ~s not always a function of the number of parcels ~nvolved as the costs are often apportioned among all the parcels Therefore, any reduction In the number of parcels ~nvolved may actually result in any increase of the per parcel fee Th~s wdl hold true whether the parcels are acquired prior to the Contractor beg~nmng work or whether some portions of the projects are assigned to other Contractors Any adjustment of the per pamel fees wdl be determined through negobat~ons between the Engineer and the Contractor Any cop~es or fihng fees w~ll be bdled at actual costs These fees wdl not be a part of the pnce per parcel PROJECT CLOSURE Upon completion of the proJect(s), the Contractor wdl be responsible for the dehvery of the files to the Engineer A final I~st of property owners, w~th names and addresses, w~ll be submitted w~th these files COMPENSATION FOR ADDITIONAL SERVICES' Compensation to the Contractor for additional services as previously defined shall be based on actual hourly rates and costs In accordance with the schedule shown below Staff Appraiser $100 00 per hour D~rector $65 00 per hour Semor Right-of-Way Agent $50 00 per hour R~ght-of-Way Agent $37 50 per hour Landman $50 00 per hour Secretary $24 00 per hour Mdeage $ 0 345 per mde Office Expense (telephone, copies, Actual cost postage, etc Travel Expenses over mght Actual cost ~ Appraisals $1,000/Parcel Testimony m court and/or Commissioner Hearings and preparabon therefore at the rate of $100 O0 per hour In the event the Scope Of Work as descnbed above is expanded or the C~ty requests extra work be performed ~n addition to that defined in the above Scope Of Work, the expanded or extra work wdl be pa~d for as Additional Servmes Compensation for additional services as previously defined shall be based on actual hourly rates and costs In accordance w~th the schedule shown ~n the section enbtled Compensatmn For Additional Serwces Agenda It~pl_ ~_~ AGENDA DATE. April 17, 2001 Questions concermng th~s acqms~t~on may be chrected DEPARTMENT: Materials Management to Alex Pett~t 349-8595 ACM: Kathy DuBose, F~scal and Mumc~pat Services ~ ~i),~ ~ ~ SUBJECT: An Ordinance prowdmg for the expenditure of funds for thc purchase of an annual maintenance agreement for 100 concurrent software hcenses whmh arc available from only one source m accordance with the prowsmns of State Law exempting such purchases from reqmrements of competitive b~ds, and providing an effective date (PO 13585 - JD Edwards m the amount of $74,800) PURCHASE ORDER INFORMATION: Th~s purchase order ~s for the sole source acqms~t~on of an annual maintenance agreement for 100 concurrent licenses for the JD Edwards F~nanc~al Software The hcenses allow up to 100 ~nd~wdual workstations to access the new JD Edwards Software at anyone t~me This access affects our F~nanmal, Procurement, Human Resources and Payroll Software Th~s agreement w~ll prowde upgrades, fixes, techmcal and apphcat~on support and access to the Chent Support Webs~te RECOMMENDATION: We recommend purchase order 13585 to JD Edwards be approved ~n the amount of $74,800 PRINCIPAL PLACE OF BUSINESS: JD Edwards Denver, CO ESTIMATED SCHEDULE OF PROJECT: Th~s purchase order ~s for the renewal of ex~stmg hcense agreement w~th no break ~n servme FISCAL ~[NFORMATION: Funding for th~s maintenance agreement ~s avadable from Technology Serwces budget account (770-044-0080-8341) Agenda Informauon Sheet April 17, 2001 Page 2 Respectfully submltted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Order 13585 to JD Edwards Attachment 2 Invoice from JD Edwards 1559 Agenda ATTACHMENT 0 ~_~ ~ o ATTACHMENT 2 JDEDWARDS Invoice ORDINANCE NO AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF AN ANNUAL MAINTENANCE AGREEMENT FOR 100 CONCURRENT SOFTWARE LICENSES WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS, AND PROVIDING AN EFFECTIVE DATE (PO 13585 - JD EDWARDS IN THE AMOUNT OF $74,800) WHEREAS, Section 252 022 of the Local Government Code provides that procurement of items that are only avmlable from one source, including items that are only avmlable from one source because of patents, copyrights, secret processes or natural monopolies, films, manuscripts or books, electricity, gas, water and other utility purchases, captive replacement parts or components for equipment, and library materials for a public library that are available only from the persons holding exclusive chstnbutlon rights to the materials, need not be submitted to competitive bids, and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following purchase of materials, equipment or supplies, as described in the "Purchase Orders" listed hereon, and on file tn the office of the Purchasing Agent, are hereby approved PURCHASE ORDER VENDOR AMOUNT 13585 JD Edwards $ 74,800 SECTION II That the acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department SECTION In That the City Manager is hereby authorized to execute any contracts relating to the items specified In Section I and the expenditure of funds pursuant to said contracts is hereby authorized SECTION IV That this orchnance shall become effective Immediately upon its passage and approval PASSED AND APPROVED th~s the day of ,2001 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 13585 -JD lldward$ SOLE SOURCE-2001 Agencia Item. -r~/'-~ AGENDA INFORMATION SHEET Dale q//r//O[ AGENDA DATE: April 17, 2001 Questions concerning th~s acqmsltlOn may be d~rected DEPART~NT: Materials Management to Alex Petter 349-8595 ACM: Kathy DuBose, F~scal and Mumc~pal Serwces ~ ~ ~ S~JECT: An Ordinance aw~dmg a con~act for the purchase of D~spatch Center Console Upgrade as aw~ded by the State of Texas General Serwces Commission through a Quahfled Info~auon Serwces Vendor (QISV), providing for the expenditure of funds therefore, and prowdmg an effective date (PO 10628 - Creative Switching Demgns m the amount of $70,256) PURCHASE O~ER INFOR~TION: The attached purchase order ~s for the acquisition of a d~spatch center console for the new Motorola Radio Base StaUon Electromcs System ~n the Pubhc Safety D~spatch Control Room new state of the a~ Motorola Radio equipment has been purchased to replace the ex,sUng outdated technology The Pubhc Safety D~spatch personnel ut~hze these consoles 24 hours a day, 365 days a ye~ Wh~le th~s purchase ~s not for Motorola eqmpment, ~t ~s being prowded by a Motorola Co~umcauon bus~ness p~ner who deals specifically w~th console eqmpment Creative Switching Designs ~s a Quahfled Info~atlon Serwces Vendor (QISV) for the State of Texas General Seduces Co~ss~on RECOrdATION: We reco~end th~s purchase order 10628 to Creauve Switching Designs be approved m the amount of $70,256 The prices reflected ~e ~ual to or less than those hsted on the State of Texas QISV cat~ogue approved by the General Seduces Com~ss~on PRINCIPAL PLACE OF BUSINESS: Creative Switching Designs Houston, TX ESTIMATED SCHED~E OF PRO,[ECT: Dehvery of the completed umt ~s estimated to be 90 days from receipt of an order or approximately the third week of July 2001 Agenda Information Sheet April 17, 2001 Page 2 FISCAD INFORMATION: This acqulsmon will be funded from Pubhc Safety Technology plan account (480-044-COMP- 0110-9169) Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachm,nt 1 Pumhase Order 10628 to Creative Switching Designs Attachment 2 QISV Catalogue price sheets 1 ~60 Agenda ATTACHMENT 2 1304 Langham Cree]r~ Ste 454 Creahve Switching Designs Phone (281) 5?6 1600 Houston, Texas T/084 Fax (281) 576 6570 Watson D~spatch Furn,ture System Pmc,ng for the (::'17 of Denton Pohce Depam'ment QTY DESCRZPI'ZON UNZT TOTAL 1 8ASlK 2bP 120° Postmn with Power Gear - Superwsor 7,714 00 7,714 00 Includes Electromcolly odjustoble cetner worksurfoce Art~culatmg keyboard ploftorm (holds Z keyboards/m~ce) 40" h~gh bock panels Front access to vented cowries Box / Box / Fda storage pedestal Z-h~gh desk top phone mount 3 8ASIK 2DP 90° Postion w~th Power Gear - DPZ, DP2 and DP3 8,050 O0 24,150 O0 Includes Electromcally adjustable corner worksurface Art~culatmg keyboard ploftorm (holds 2 keyboa~ds/m~ce) 48" h~gh back ponels Front access to vented cavmes Box / Box / File storage pedestal 2-h~gh desk top phone mount i 8A$IK 2DP 90° Postmn w~th Power Gear - DP4 8,511 O0 8,511 O0 Includes Electronically adjustable corner worksurface Artlculotmg keyboard plaftorm (holds 2 keyboards/mice) 48" h~gh bock panels Front access to vented cowries Box / Box / Fda storage pedestal (2) 2-h~gh desk top phone mount 1 40" dmmeter rotatmg resource 1,602 00 1,602 00 ! Pmnte~ Enclosure tabmet (PEt) 1,22000 1,220 00 1 30" deep x 48" wide FIXED Flex table 544 O0 544 O0 ! 30" deep x 72" wide Fl'XED Flex table 698 O0 698 O0 3 Retractoble CPU holders 249 O0 74700 1 ];nstollotmn and Set-up * 3,500 00 3,500 00 1 ~ehver¥ 3,800 00 3,800 00 DENTON POLl:CE DEPARTMENT FURNTrURE 5¥~TEM TOTAL §2,486 O0 Optional :terns 5 Pesonal Comfort Controls 2,00000 10,000 00 5 Geneva Task Lamp (non-d~mmable) 236 00 1,180 0C § Wrest Rest 16900 845001 5 :oot Rest 79 O0 395 O0 * Instollot[onondset-uppmcmgbesedoncleanroom Tf ~nstallot~on [s to be done whde operatmn ~n the room ~s on-gong (hot-cut) then pmcmg for this hne ~tem wdl have to be adjusted CSD 1304 Langham Cxeek, Ste 454 Creahve Swdchmg Designs Phone (281) 579 1600 Houston, Texas 77084 Fax (281) 579 6570 CONCEPT SEATIN INTEN$'rVE USE DUTY SEATIN PRICE LI$T MODEL DESCI~IP'fZON MSI~P PSAP 3142-A HI back, 6 leg ,ntens~ve use duty chair wtth Armour fabr,c 1,550 00 1,035 00 3142-M HI back, 6 leg intensive use duty chain with Momentum fabric 1,640 00 1,070 00 3143-A H~ back, § leg intensive use duty chmr w~th Armour fabric 1,450 00 975 00 3143-M HI back, § leg intensive use duty chair wtth Momentum fabric 1,520 O0 1,010 00 3144-A Mid back, 6 leg intensive use duty chain w~th Armour fabric 1,370 00 93§ 00 3144-M Mid back, 6 leg Intenz~ve use duty chair with Momentum fabric L420 O0 960 00 3144-EXT-A Mid back, 6 leg ,ntens,ve use duty stool w,th Armour fabric 1,420 00 1,060 O0 3t44-EXT-M M,d back, 6 leg intensive use duty stool with Momentum fabr,c 1,470 00 1,085 00 3145-A M~d back, § leg mtens*ve use duty chain w~th Armour fabric 1,260 00 880 00 314§-M M~d back, 5 leg intensive use duty chain w~th Momentum fabric L310 00 905 00 314§EXT-A M~d back, 5 leD intensive use duty stool wffh Armour fabric 1,310 O0 ~,00§ 00 3145-EXT-M M~d back, § leg intensive use duty stool wffh Momentum fabric 1,360 00' 1,030 O0 3146-A Spht back, 6 leg ~ntenslve use duty chain w~th Armour fabric ].,§§0 00 1,035 O0 3146-M Spht back, 6 leg intensive use duty chain w,th Momentum fabric 1,640 00 1,070 O0 3147-A Spht back, 5 leg intensive use duty chair w~th Armour fabric 1,450 00 975 OO 3~47-M Spht back, § leg intensive use duty chain w,th Momentum fabric 1,520 00 1,010 O0 WHEN O~DEP,,1:NG, PLEASE SPECIFY Tf H~ back model, choose cloth covered headrest with embrmdered '911' custom embrmdered headrest plmn headrest 'Loop' or 'Swing' arms Fabric Color Cho,ces Armour - Lexus Cut Bordeaux / Charcoal / Zndmgo Momentum - 5olo ~ravel / Mtdmght / Currant / Ebony / Twd~ght / Hunter / Wheat Sh~pp,ng Charges orders of less than 5 chmrs = $40 O0 per chair orders of mare than 5 chatrs= $30 00 per chmr ORDINANCE NO AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES DISPATCH S CONSOLE UPGRADE AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH THE QUALIFIED INFORMATION SERVICE VENDOR (QISV) CATALOGUE PROGRAM, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 10628 TO CREATIVE SWlTCHING DESIGNS, IN THE AMOUNT OF $70,256) WHEREAS, the C,ty Cotmcfl of the C~ty of Denton has heretofore adopted Resolutaon 92- 019 pursuant to Section 2157 067 of thc Texas Government Code and Sections 271 082 and 271 083 of the Texas Local Government Code whach authorizes the C~ty to part~capate m the State Purchasing Genre'al Servmes Commasmon's Quahfied Information Servme Vendor Catalogue Purchase Method provaded for an Subchapter B of Chapter 2157 of the Texas Government Code (the "QISV Catalogue"), and WHEREAS, the hereto described vendor as a quahfied vendor ~n the QISV Catalogue and the contract authorized by flus ordinance ~s ~n the best anterests of the C~ty and comphes w~th the reqmrements ofSubchapter B of Chapter 2157 of the Texas Government Code as a QISV Catalogue purchase, and WHEREAS, the C~ty Cotmcfl has provided ~n the C~ty Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supphes or services approved and accepted herean, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The numbered ~tems m the followang numbered purchase order for materials, eqmpment, supphes, or servmes, shown an the "Purchase Orders" hsted hereon, and on file an the office of the Purchasing Agent, are hereby approved PURCHASE ORDER VENDOR AMOUNT 10628 Creatave Swatchmg Demgns $ 70,256 SECTION 2 By the acceptance and approval of the above numbered ~tems set forth ~n the attached purchase orders, the C~ty accepts the offer of the persons submattmg the Nds to the General Services Comm~smon for such ~tems and agrees to purchase the materials, eqmpment, supphes or servaces ~n accordance with the terms, condatlons, specfficatlons, standards, quantatles and for the spemfied sums contained m the Nd documents and related documents filed w~th the General Services Commassmn, and the purchase orders ~ssued by the C~ty SECTION 3 Should the C~ty and persons submitting approved and accepted ~tems set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratfficat~on of b~ds awarded by the General Servmes Commission, the C~ty Manager or his designated representative ~s hereby authorized to execute the written contract, promded that the written contract ~s m accordance w~th the terms, cond~t, ons, spemficat~ons and standards contained ~n the Proposal subm,tted to the General Servmes Comm, sslon, quant~tms and spemfied sums contained ~n the C~ty's purchase orders, and related documents here~n approved and accepted SECTION 4 By the acceptance and approval of the above numbered items set forth in the subject purchase orders, the C~ty Council hereby authorizes the expemhmre of funds therefor ~n the amount and m accordance w~th the approved purchase orders or pursuant to a written contract made pursuant thereto as authorized hereto SECTION 5 Th~s ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED th,s day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 10628 - Po QISV -STATE ORDINANCE-2001 Page 2 AGENDA INFORMATION SHEET AGENDA DATE: April 17, 2001 Questions concerning this acquisition may be directed DEPARTMENT. Materials Management to Ray Wells 349-7108 ACM' Kathy DuBose, Fiscal and Mumclpal Services SUB,)'ECT: An Ordinance awarding a contract for the purchase of Fiber Optic Cable as awarded by the State of Texas General Services Conumss~on, provid~ng for the expenditure of funds therefore, and providing an effective date (PO 13589 - FMS Technologies, Inc in the amount of $361,172 48) PURCI-IASE ORDER INFORMATION: The City of Denton has become heavily involved in the mstallauon of a fiber optic cable network intended to connect all major City fac;l~tles The cable on this order ~s intended for Denton County network expansion, Denton Independent School D~stnct network expansion and other expansion projects as well as a stand by inventory This price is taken from the State of Texas General Serv:ces Commission Contract 1 75 - 2107290-400 RECOMMENDATION. We recommend Purchase Order 13589 to FMS Technologies, Inc be approved m the amount of $361,172 48 PRINCIPAL PLACE OF BUSINESS: FMS Technologies, Inc Dallas, TX ESTIMATED SCHEDULE OF PRO.IECT. The multi-parr fiber optic cable is available for shipment in 6-7 weeks from receipt of a purchase order FISCAL INFORMATION: The acqmsmon of th:s fiber optic cable will be funded from Warehouse Inventory Worktng Capital fund account (710-043-0582-8703) and charged to the appropriate work order as the cable ~s placed m service Agenda InformaUon Sheet April 17, 2001 Page 2 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Order 13589 to FMS Technologies Attachment 2 Quotanon from FMS Technologies 1561 Agenda ATTACHMENT 2 Chuck Piercw~Communicaffons C~y of Denton Denton, TX 7s201 Deer Chue~ ~s T~h~l~ b~ m P~ide tb foRowhgquo,a~ for ChrG Teehnolo~ fiber optic enble per your request. u ti P Des nee~t. 24~ 3 X 8~ Reels S643~-~0~0~ ~ ~H- L72/ft suppo~u~ e~ eabi~ d~ bloc~ ~etub~ ~n~od~ ~ate ~C Q~SV p SM~g ~ ~ Tok~ b ~ +S%, 2. Frei~t is PregaM ~d ~owed 4. Quo~ h ~ ~u~ ~h~ Y~r, $~pt~mb~r, 2001 5. *~ Time ~ ~7 weeb ARO ~uo~W cu~nt read ~e sub, eot to change due to fiber ava~b~ an, plant ~ st ~e ~ order pb~mu~ Thukyou for ~e oppose. ~you h~e ny h~ber q~iono, pl~, ~i f~ call me. 1,1677 Mtdway Road, Sutte 200 ~ DalloJ, Texas 752~4 - Phon,~ 9Z2 934.3416 ~ Fat 97~f9~4.0315 frns 't'~hn~lgle~, lnr.. .. www finsffch com ORDINANCE NO AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF FIBER OPTIC CABLE AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (PO 13589 - FMS TECHNOLOGIES, INC IN THE AMOUNT OF $361,172 78) WHEREAS, pursuant to Resolution 92-019, the State Purchasing General Services Commission has solicited, received and tabulated competitive bids for the pumhase of necessary materials, eqmpment, supplies or services in accordance with the procedures of state law on behalf of the C~ty of Denton, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supphes or services can be pumhased by the City through the General Services Commission programs at less cost than the City would expend if bidding these items individually, and WHEREAS, the City Council has provided In the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "Purchase Orders" listed hereon, and on file the office of the Purchasing Agent, are hereby approved PURCHASE ORDER VENDOR AMOUNT 13589 FMS TECHNOLOGIES, INC $ 361,172 78 SECTION II That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons subrmttlng the bids to the General Services Comrmssion for such items and agrees to purchase the materials, equipment, supplies or services m accordance with the terms, conditions, specifications, standards, quant~ties and for the specified sums contmned in the bid documents and related documents filed with the General Servmes Commission, and the purchase orders ~ssued by the City SECTION IlI That should the C~ty and persons subnmtt~ng approved and accepted ~tems set forth m the attached purchase orders w~sh to enter into a formal written agreement as a result of the C~ty's ratlflcataon of bids awarded by the General Services Comrmss~on, the City Manager or h~s designated representative is hereby authorized to execute the written contract which shall be attached hereto, prowded that the written contract ~s m accordance w~th the terms, conditions, specdlcat~ons and standards contmned ~n the Proposal subrmtted to the General Services Commission, quantmes and specified sums contained ~n the C~ty's purchase orders, and related documents here~n approved and accepted SECTION IV That by the acceptance and approval of the above numbered ~tems set forth m the attached purchase orders, the Cny Council hereby authorizes the expenchture of funds therefor m the amount and ~n accordance w~th the approved purchase orders or pursuant to a written contract made pursuant thereto as authorized here~n SECTION V That this ordinance shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED th~s day of ,2001 EULIN BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 13586 ~ PO STATE ORDINANCE-2001 AGENDA INFORMATION SHEET ~ato_.__~//tlC~j!t,.-ttt- AGENDA DATE: April 17, 2001 Questions concerning this acquisition may be directed DEPARTMENT Materials Management to Cary Tower 349-8424 ACM Kathy DuBose, Fiscal and Municipal Services ~'~ J~ ~LV SUBJECT' An Ordinance accepting competitive bids and awarding an annual contract for the pumhase of tractor and utility vehicles, providing for the expenditure of funds therefore, and providing an effective date (Bid 2628 - Tractor and Utility Vehicles, awarded to Lawn Land in the mount of $71,435) BID INFORMATION: This bid is for the acqmslUon of one 65 horsepower diesel tractor, three-6x4 heavy-duty utility vehicles The tractor is a 65 horsepower tractor designed for mowing and landscape operations It is compatible with loader and pallet lifts currently owned by the City of Denton The three 6x4 turf type stand and utility vehicles, two w~th 80 gallon spray rigs and one equipped with a line marker will be used for ball field and park matntenance The third item a heavy-duty 6x4 utility vehicle will be utilized for "greenbelt" and "rmls to trails" maintenance It has a heavier load capacity, larger engine, and aggressive all terratn tires RECOMMENDATION: We recommend this bid be awarded to the lowest responsible bidder as listed Item Descnptlon Supplier Pnc¢ 3 % Local Preference Total 1 65HP Tractor Lawn Land $20,935 N/A $20,935 00 2 Utility Vehicle 6x4 (2) Lawn Land $11,605 $11,256 85 $23,210 00 2A Utility Vehicle 6x4 Lawn Land $11,605 $11,256 85 $11,605 00 3 HD Utlhty Vehicle 6x4 Lawn Land $15,685 N/A $15,685 00 Total Award $71,435 00 We recommend this bid be awarded to the lowest responsible bidder, Lawn Land for Item I and 3 and also that Item 2 and 2A be awarded to the lowest responsible bidder under the 3% Local Preference Legislation as per Section 271 905 of the Local Government Code See Attachment 2 for eeonomm factors for Local Preference determination for Lawn Land, Denton, TX Agenda Informatton Sheet Apnll7,2001 Page 2 PRINCIPAL PLACE OF BUSINESS: Lawn Land Denton, TX ESTIMATED SCHEDULE OF PROJECT: All umts are ~n Lawn Land stock and subject to 2-5 day dehvery after receipt of an order FISCAL, INFORMATION. The acqms~t~on of this Park Maintenance eqmpment wtll be from Certificate of Obligation account (727-025-VEHL-9104) and Motor Pool Replacement account (720-025-0584-9104) Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet Attachment 2 Econormc Factors Letter from Lawn Land dated April 5, 2001 1562 Agenda ATTACHMENT 2 Lawa Land 714 Dallas Dnv~ Denton, TX 76205 Apr~ 4. 2001 C~ty of Denton Purchasing Department Tom Shaw Purchs,lng Agem Re 3% Local Preference Legislation Dear Tom. L/steed below are the exan~ies of our economtc contnbutwns and commumt~ involvement * Avenge annual payroll $ 402,190 00 · Number o f emt.,loy,,ea 18 · School taxes $ 4,792.48 · County taxe~ $ 602 78 · City taxes $1,372 64 · Appndsud value ofreal estate $ 465,000 00 · Apprmsed value of inventory $1.000.000 00 · Sales Tax $130.882 61 Community Contributions Spomorslup of Denton Boy's Baseball $ 750 00 Loan of 6 John Deere Gators f~r North Texas State Fmr Loan of John Dmmrm Trao~or lo PRCA Rodeo Donations to Junior Rodeos Sincerely, Dar~ll Razhardmn ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF A TRACTOR AND UTILITY VEHICLES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2628 - TRACTOR AND UTILITY VEHICLES, AWARDED TO LAWN LAND IN THE AMOUNT OF $71,435) WHEREAS, the C~ty has sohclted, received and tabulated compeUUve b~ds for the purchase of necessary materials, eqmpment, supplies or services m accordance w~th the procedures of State law and City ordinances, and WHEREAS, the City Manager or a designated employee has rewewed and recommended that the here~n described bids are the lowest responsible b~ds for the materials, eqmpment, supphes or servmes as shown in the "B~d Proposals" submitted therefore, and WHEREAS, Section 271 905 of the Local Government Code allows the C~ty to award a contract to a b~dder hawng ~ts pnncipal place of business ~n the City ~f~ts bid is within three per cent of the lowest bid price received from a nonresident b~dder ~f the governing body determines in writing, that the local bidder offers the C~ty the best combmaUon of price and additional economic development oppormmUes for the City created by the contract award, including the employment of residents of the Cay and increased tax revenues to the City, and WHEREAS, the C~ty Manager or a designated employee has reviewed the herein described bids for the materials, eqmpment, supplies or servmes as shown xn the "B~d Proposals" submitted therefore and represents to the Cxty Council that the herein described local bxdder's bid is within three per cent of lowest bid price received from a nonresxdent bidder, and WHEREAS, the City Council has prowded ~n the C~ty Budget for the appropnaUon of funds to be used for the purchase of the materials, equipment, supphes or services approved and accepted herexn, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I The C~ty Council hereby determxnes that the vendor for the items set forth below has its pnnclpal place ofbus~ness ~n the City of Denton, Texas, ~ts b~d is w~tlun three per cent of the lowest bid price received from a nonresident b~dder and such local b~dder offers the C~ty the best combination of price and addmonal econormc development opportumUes for the City created by th~s contract award That the ~tems m the following numbered bid for materials, eqmpment, supphes, or servmes from the below described local b;dder and as shown m the "Bid Proposals" on file ~n the office of the C~ty Purchasmg Agent, are hereby accepted and approved BID NUMBER ITEM VENDOR AMOUNT 2628 1,2,3 Lawn Land $ 71,435 SECTION 1I That by the acceptance and approval of the above numbered ~tems of the subnutted b~ds, the Cay accepts the offer of the persons subrmmng the b~ds for such ~tems and agrees to purchase the materials, eqmpment, supphes or serwces ~n accordance w~th the terms, spec~ficataons, standards, quanuues and for the specified sums contmned m the B~d Inwtat~ons, B~d Proposals, and related documents SECTION I11 That should the C~ty and persons subrmttmg approved and accepted ~tems and of the subrmtted b~ds wash to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the C~ty Manager or h~s designated representative ~s hereby authorized to execute the written contract whmh shall be attached hereto, prowded that the written contract ~s m accordance w~th the terms, condmons, specifications, standards, quantmes and specified sums contmned m the B~d Proposal and related documents here~n approved and accepted SECTION IV That by the acceptance and approval of the above numbered ~tems of the submitted b~ds, the C~ty Council hereby authorizes the expenchture of funds therefor m the amount and ~n accordance w~th the approved b~ds or pursuant to a written contract made pursuant thereto as authorized here~n SECTION V That th~s orchnance shall become effecnve ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED th~s day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO T.gGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 3% Local Preference Ordinance-2001-Tractor and Utflay Vetucles B~d 2628 Aoenda acqms~t~on may be d~rected DEPARTMENT. Materials Management to Cary Tower 349-8424 ACM: KathyDuBose, F~scalandMumclpalServ,ces b~ ~ ~ SUBJECT: An Ordinance accepting competitive b~ds and awarding an annual contract for the acqms~t~on ot Vehicle Preventive Mmntenance Serwces (off/filter), prowd~ng for the expenditure of funds therefore, and prowd~ng an effecnve date (B~d 2660 -Preventtve Mmntenance Serwces awarded to USA Lube & Tune ~n the annual estimated amount of $50,000) BID INFORMATION: Th~s b~d ~s for an annual contract to supply Preventive Mmntenance Services for the Cay of Denton hght duty fleet Th~s serwce ~ncludes o~1 and filter(s) changes as reqmred for (1) the Pohce Crmser Service (2) sedans, t/a ton and ~A ton ptckup(s), and vans (gasohne engine) (3) serwce for ~/, ton p~ckup(s) ~ ton p~ckup(s) and vans (d~esel engines) Also ~ncluded are fuel filter(s), coolant flush, fuel ~njector flush, and automanc transmission serwce Preventanve Mmntenance ~s peffo~ed at recommended ~ntervals dete~ned by the Fleet Serwces D~ws~on RECOMMENDATION: We recommend th~s b~d be awarded to the lowest responsible b~dder, USA Lube and Tune ~n the estimated annual amount of $50,000 as hsted on Exhtb~t A to the ordinance PRINCIPAL PLACE OF BUSINESS USA Lube and Tune Denton, TX ESTIMATED SCHEDULE OF PROJECT Thru ~s an annual contract and wall remain ~n effect through April 15, 2002 and may be extended for add~tmnal one-ye~ periods by mutual agreement of both pames FISCAL INFORMATION Th~s preventative mmntenance serwce wdl be funded from Fleet Matntenance Account (720- 025-0584-8710) Agenda Information Sheet April 17, 2001 Page 2 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1563 Agenda ATTACHMENT 1 TABULATION SHEET BID 2660 Date 3/29/01 PREVENTIVE MAINTENANCE SERVICES No J Qt¥ J DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR TEXACO BROWNS OIL & USA LUBE STICKER EXPRESS TUNE UP LUBE AND TUNE STATION LUBE MASTERS Principle Place of Business DENTON DENTON DENTON DENTON DENTON $24 30 $19 99 $25 00 $15 99 POLICE CRUISER la $31 99 lb la - $19 50 la - $15 00 $28 45 la - $34 99 1 $799-$1799 1B-$895 1B-$800 1B-$999 $26 80 $20 99 $27 00 $15 99 SERVICE FOR CARS, P/U & VANS 2A $31 99 - $35 99 2A - $19 50 2A - $18 00 $31 05 2A - $34 99 2 2B $7 99- $17 99 2B-$1495 2B-$1200 2B-$9 99 $40 30 $25 99 - $35 99 $35 00 $38 99 DIESEL SERVICE 3A $50 00 3E 3A - $45 00 3A - $20 O0 $33 65 3A - $86 97 3 -$799-$2399 3B-$17 95 3B-$1600 3B-$45 57 3C - $2 50 3D 3C - $2 50 3C - $2 00 3C - $2 50 3C - $2 00 OPTIONS $43 00 - $79 00 DE 3D - $40 99 3D - $75 00 3D - ~ 3A - $159 99 4 - NO BID 3E - $59 99 3E - NO BID 3E - $79 95 3B - $69 99 TRANSMISSION DF - $40 00 -$60 00 3F $45 99 3F - $30 00 3F - $79 95 3F - $39 99 CLEANING DG - NO BID 3G - $35 99 3G - $50 00 3G - $69 95 3G - $94 99 5 ORDINANCE NO AN ORDINANCE ACCEPTING COM]~ETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE ACQUISITION OF VEHICLE PREVENTIVE MAINTENANCE SERVICES (OK/FILTER), PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2660 - PREVENTIVE MAINTENANCE SERVICES AWARDED TO USA LUBE & TUNE IN THE ANNUAL ESTIMATED AMOUNT OF $50,000) WHEREAS, the City has sohclted, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or serv,ces m accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the here, n described bids are the lowest responsible b, ds for the materials, equipment, supplies or services as shown m the "Bid Proposals" subrmtted therefore, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown m the "Bid Proposals" on file m the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items BID ITEM NUMBER NO VENDOR AMOUNT 2660 ALL USA Lube & Tune Exhibit A SECTION II That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons subnumng the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Inwtations, Bid Proposals, and related documents SECTION l]I That should the City and persons subrmttmg approved and accepted items and of the submatted b~ds wish to enter into a formal wntten agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract is in accordance w~th the terms, conchuons, specifications, standards, quantmes and specified sums contmned in the Bid Proposal and related documents herein approved and accepted SECTION IV That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein SECTION V That this orchnance shall become effective immediately upon Its passage and approval PASSED AND APPROVED this day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2660 SUPPLY ORDINANCE- 4-2001 EXHIBIT A BID' 2660 PREVENTIVE MAINTENANCE SE No I Qt~ I DESCRIPTION VENDOR USA LUBE AND TUNE Principle Place of Business DENTON $19 99 POLICE CRUISER lA - $19 50 1 lB - $8 95 $20 99 SERVICE FOR CARS, P/U 2A - $19 50 & VANS 2B - $14 95 2 $25 99 - $35 99 DIESEL SERVICE 3A - $45 00 3 3B - $17 95 3C - $2 50 OPTIONS 3D - $40 99 4 3E - $59 99 TRANSMISSION 3F $45 99 CLEANING 3G - $35 99 5 AGENDA I~ORMATION SHEET Date ~//7/~Z _ '-- AGENDA DATE: April 17, 2001 Questions concerning this acqms]t]on may be directed DEPARTMENT: Materials Management to Tom Shaw 348-7100 ACM Kathy DuBose, Fiscal and Municipal Services ~'x .~_0 S JE T: An Ordinance accepting competitive b~ds and awarding an annual contract for the purchase of trucking servmes, providing for the expenchture of funds therefore, and providing an effective date (B~d 2662 - Trucking Services awarded to Jagoe-Pubhc Company ~n the estimate amount of $$6,000), BID INFORMATION: This b~d ~s for an annual contract for trucking serwces as needed by the C~ty of Denton The contract ts for an hourly rate for 12-14 yard tandem dump trucks Th~s contract wall be used to comphment our fleet ~n the hauhng of spoil materials, grand, concrete, asphalt and other materials RECOMMENDATION: We recommend thts b~d be awarded to the lowest b~dder as hsted PRINCIPLE PLACE OF BUSINESS: Jagoe Pubhc Company Denton, TX ESTIMATED SCHEDULE OF PROJECT: The contractor agrees to supply trucks, trmlers, and drivers wahm 24 hours of not, ficanon FISCALiINFORMATION: Th~s b~d will be utilized by several d~wsmns of the Cay on an as needed bas~s and charged to the appropriate account at that Ume Tom Shaw, C P M, 349-7100 Purchastng Agent Attachment 1 Tabulatmn Sheet 1~64 AGENDA ATTACHMENT 1 TABULATION SHEET BID # 2662 Date 3/29/01 TRUCKING SERVICES No I 'Qty. I DESCRIPTION VENDOR VENDOR JTM JAGOE PUBLIC Principle Place of Business DENTON DENTON PER HOUR 12-14 Tandem Tra~lers $55 00 $36 00 1 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR ~ PURCHASE OF TRUCKING SERVICES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2662 - TRUCKING SERVICES AWARDED TO JAGOE-PUBLIC COMPANY IN THE ESTIMATE AMOUNT OF $56,000) WHEREAS, the City has sohmted, received and tabulated competitive bids for the purchase of necessary materials, eqmpment, supphes or services m accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, eqmpment, supphes or services as shown in the "B~d Proposals" submitted therefore, and WHEREAS, the C~ty Councd has provided tn the C~ty Budget for the appropriation of funds to be used for the purchase of the materials, eqmpment, supplies or services approved and accepted here~n, NOW, THEREFORE, THE COUNCIl. OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items in the following numbered b~ds for materials, eqmpment, supphes, or services, shown in the "Bid Proposals" on file ~n the office of the C~ty Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such ~tems BID ITEM NUMBER NO .VENDOR AMOUNT 2662 ATJ. Jagoe Pubhc Company $ 36 00 Per Hr SECTION II That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons subrmttmg the bids for such items and agrees to purchase the materials, equipment, supphes or servmes in accordance with the terms, specifications, standards, quantities and for the specified sums contained m the Bid Invitations, Bid Proposals, and related documents SECTION III That should the City and persons subrmttlng approved and accepted items and of the submatted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representauve ~s hereby authorized to execute the written contract whmh shall be attached hereto, provided that the written contract is ra accordance with the terms, conchuons, spectficauons, standards, quantmes and specified sums contained in the Bid Proposal and related documents herein approved and accepted SECTION IV That by the acceptance and approval of the above numbered ~tems of the submitted bids, the City Council hereby authorizes the expenchture of funds therefor in the amount and ~n accordance w~th the approved bids or pursuant to a written contract made pursuant thereto as authorized here~n SECTION V That this orchnance shall become effective ~mmedmtely upon ~ts passage and approval, PASSED AND APPROVED th~s day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2662 SUPPLY ORDINANCE- 4-2001 AGENDA INFORMATION SHEET Date AGENDA DATE. April 17, 2001 Questions concerning this acqmsltlOn may be directed DEPARTMENT: Materials Management to Cary Tower 349-8424 ACM Kathy DuBose, Fiscal and Mumclpal Services ~ ~ SUBJECT: An Ordinance accepting competitive bids and awarding a contract for the purchase of Truck Utility Beds and Bodies, providing for the expenditure of funds therefore, and prowdmg an effective date (Bid 2663 - Truck Utlhty Beds and Bodies awarded as hsted m the amount of $62,560) BID INFORMATION: This bid is for the purchase of 15 various types of bed and bodies to be installed on truck cab/chassis currently on order by the City of Denton Included are 10 utility bodies, one dump body, three platform bodies and one flatbed with gooseneck hitch RECOMMENDATION: We recommend this b~d be awarded to the lowest responsible bidder for each ~tem as listed below Item Description Supplier Price Qty Extended Prices 1 56"CA Service Body A G Van $2,955 2 $ 5,910 2 84"CA Servme Body Fontame Truck $4,978 5 $24,890 3 60"CA Service Body A G Van $3,980 1 $ 3,980 4 Dump Body Ft Worth Truck $4,975 1 $ 4,975 5 Service Body 60"CA Fontmne Truck $3,442 1 $ 3,442 6 Platform Body 10'3" Ft Worth Truck $3,670 1 $ 3,670 7 Platform Body 12'3" A G Van $3,658 1 $ 3,658 8 Serwce Body Canopy Roof Fontalne Truck $7,675 1 $ 7,675 9 Flatbed Body Ft Worth Truck $2,140 1 $ 2,140 10 Flatbed Gooseneck Fontmne Truck $2,220 1 $ 2,220 Total Award $62,560 PRINCIPAL PLACE OF BUSINESS: A G Van & Truck Fontmne Truck & Eqmpment Ft Worth Truck Supply Dallas, TX Dallas, TX Ft Worth, TX Agenda Information Sheet April 16, 2001 Page 2 ESTIMATED SCHEDULE OF PRO~[ECT: Dehvery of the hsted beds and bodies vary from 30 to 75 days FISCAL INFORMATION: Funding for these beds and bodies Is available from Motor Pool account (720-025-0582-9104) and other budget accounts for Motor Pool acqms~t~ons Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1565 Agenda ATTACHMENT 1 TABULATION SHEET BID # 2663 Date 3/29/01 UTILITY BEDS No I Qty I DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR A G VAN & FONTAINE TRUCK TRUCK & EQUIPMENT COMMERICAL FORTWORTH EQUIPMENT SOUTHWEST BODY TRUCK SUPPL'Y Pnnc~ple Place of Bus;ness DALLAS DALLAS IRVING SAN ANTONIO FORTWORTH STANDARD SERVICE BODY 1 2 (SINGLE REAR WHEEL 56" CA) $2,955 00 $3,445 00 $3,903 13 $4,077 $3,580 00 STANDARD SERVICE BODY 2 5 (DUAL REAR WHEEL 84" CA) $5,190 00 $4,978 00 $6,463 28 $5,733 $5,300 00 STANDARD SERVICE SODY 3 1 (DUAL REAR WHEEL 60" CA) $3,980 00 $4,075 00 $5,130 98 $4,767 00 $4,620 00 4 1 DUMP BODY, PLATFORM $5,650 00 $5,735 00 $6,055 00 NO BID $4,975 00 1 STANDARD SERVICE SODY 5 (SINGLE REAR WHEEL 60" CA) $3,480 00 $3,442 00 $3,979 38 $4,153 $3,920 00 6 1 PLATFORM SODY 10' 3" NO BID $4,355 00 $4,075 00 NO BID $3,670 00 7 1 PLATFORM BODY 12' 3" $3,658 00 $4,364 00 $4,600 00 NO BID $3,850 00 8 1 STANDARD SERVICE BODY (ENCLOSED CANOPY ROOF) NO BID $7,675 00 $8,959 00 $9,544 $8,080 00 FLATBED BODY (DUAL REAR 9 1 WHEEL 60" CA) $2,295 00 $2,770 00 $3,350 00 NO BID $2,140 00 1 FLATBED GOOSENECK BODY $2,395 00 $2,220 00 $3,456 00 NO BID $2,340 00 10 DELIVERY 45 DAYS 30 - 45 DAYS 75 DAYS 70 Days 45 DAYS ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF TRUCK UTILITY BEDS AND BODIES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2663 - TRUCK UTILITY BEDS AND BODIES AWARDED AS LISTED IN THE AMOUNT OF $62,560) WHEREAS, the C~ty has solicited, received and tabulated competmve bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City orchnances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein deacnbed blds are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" subrmtted therefore, and WHEREAS, the C~ty Council has provided in the City Budget for the appropnaUon of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items ~n the following numbered b~ds for materials, eqmpment, supplies, or services, shown in the "Bid Proposals" on file m the office of the C~ty Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items BID ITEM NUMBER NO VENDOR AMOUNT 2663 1,3,7 A G Van $13,548 2663 2,5,8,10 Fontalne Truck $ 38,227 2663 4,6,9 Ft Worth Truck $10,785 SECTION II That by the acceptance and approval of the above numbered Items of the submatted bids, the City accepts the offer of the persons subnutung the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quanUUes and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents SECTION]X[ That should the City and persons subnuttlng approved and accepted ~tems and of the submatted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto, prowded that the written contract Is m accordance with the terms, condluons, specifications, standards, quantities and specified sums contmned ~n the Bid Proposal and related documents herein approved and accepted SECTION IV That by the acceptance and approval of the above numbered items of the subautted bids, the City Council hereby authorizes the expenchture of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein SECTION V That this orchnance shall become effective lmmechately upon its passage and approval PASSED AND APPROVED this day of ,2001 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2663 SUPPLY ORDINANCE- 4 2001 AGENDA INFORMATION SHEET Date ¢/Z ~/0/_- AGENDA DATE. April 17, 2001 Questions concerning th~s acqmsmon may be ~rcctcd DEPART~NT: Materials M~agemem to C~ Tower ~49-8424 ACM' Kathy OuBose, Flsc~ and Mumc~pal Seduces f~l~ ~ SUB,IECT: An Ordinance accepting competitive bids and awarding a contract for the purchase of a trencher and trailer, providing for the expenditure of funds therefore, and providing an effective date (B~d 2659 - Trencher with Trailer, awarded to Vermeer Equipment of Texas in the amount of $79,195) BID INFORMATION: This bid is for the purchase of a 115 horsepower, four-wheel drive, nchng trencher w~th a 20,700 lb GVW tandem axle trailer This unit is a replacement for an older unit no longer economical to mmntain The new umt will be assigned to the Electric D~stnbutlon Division RECOMMENDATION: We recommend th~s bid be awarded to the lowest responsible b~dder, Vermeer Eqmpment of Texas in the amount of $79,195 incluchng a three-year/3,000 hour extended warranty The lower price offered by W~tch Eqmpment Co, Inc fails to meet specifications for foot operated controls, rotating operator console and t~re size PRINCIPAL PLACE OF BUSINESS: Vermeer Eqmpment of Texas Irving, TX ESTIMATED SCHEDULE OF PROJECT: Delivery is estimated to be 45 days after receipt of an order FISCAL INFORMATION: Th~s umt will be funded from Motor Pool account (720-025-0584-9104) Respectfully submitted Tom Shaw, C P M, 349-7100 Pumhasing Agent Attachment 1 Tabulation Sheet 1566 Agenda ATTACHMENT 1 TABULATION SHEET BID' 2659 Date 3/15/01 TRENCHER WITH TRAILER N? I DESCRIPTION VENDOR VENDOR Vermeer [ W~tch i Equipment Co Equipment of Texas Pnnc~ple Place of Business Ft Worth, TX Irving, TX Four Wheel Drive R~dlng Trencher (115 1 Horsepower Class) with Tra~ler $75,745 25 $76,945 00 Add on Warranty $3,432 00 $2,250 00 Total Bid $79,177 25 $79,195 00 Delivery 30 Days 45 Days Fads to meet requirements for 1 ) Foot Controls 2) Rotating Operator Console 3) Tire S~ze ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A TRENCHER AND TRAr~ .ER, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2659 - TRENCHER WITH TRAn .ER, AWARDED TO VERMEER EQUIPMENT OF TEXAS IN THE AMOUNT OF $79,195) WHEREAS, the C~ty has sohc~ted, received and tabulated competmve b~ds for the purchase of necessary materials, eqmpment, supphes or services m accordance with the procedures of STATE law and C~ty ordinances, and WHEREAS, the C~ty Manager or a designated employee has reviewed and recommended that the hereto described b~ds are the lowest responsible b~ds for the materials, equipment, supphes or serwces as shown m the "B~d Proposals" submitted therefore, and WHEREAS, the C~ty Council has prowded m the C~ty Budget for the appropnatmn of funds to be used for the purchase of the materials, eqmpment, supphes or services approved and accepted hereto, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered ~tems ~n the following numbered b~ds for materials, eqmpment, supphes, or services, shown ~n the "B~d Proposals" on file m the office of the C~ty Purchasing Agent, are hereby accepted and approved as being the lowest responsible b~ds for such items BID ITEM NUMBER NO VENDOR AMOUNT 2659 All Vermeer Eqmpment of Texas $79,195 SECTION II That by the acceptance and approval of the above numbered ~tems of the submitted b~ds, the C~ty accepts the offer of the persons subnutt~ng the b~ds for such ~tems and agrees to purchase the materials, eqmpment, supphes or serwces ~n accordance w~th the terms, specd~cat~ons, standards, quantities and for the specified sums contained ~n the B~d Invitations, B~d Proposals, and related documents SECTION 113[ That should the C~ty and persons subrmtt~ng approved and accepted ~tems and of the submitted b~ds w~sh to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the C~ty Manager or h~s designated representative ~s hereby authorized to execute the written contract which shall be attached hereto, prowded that the wntten contract is m accordance w~th the terms, condmons, specifications, standards, quantmes and specdled sums contained m the Bid Proposal and related documents here~n approved and accepted SECTION IV That by the acceptance and approval of the above numbered items of the submitted b~ds, the C~ty Council hereby authorizes the expenditure of funds therefor m the amount and ~n accordance w~th the approved b~ds or pursuant to a written contract made pursuant thereto as authorized hereto SECTION V That th~s orchnance shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED th~s day of ,2001 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2659 SUPPLY ORDINANCE- 4-2001 AGENDA INFOI~ATION SHEET AGENDA DATE: April 17, 2001 DEPARTMENT' Engmcenng CM/DCM/ACM: Dave Hill, 349-8314 SUBJECT Consider adoption of an ordinance approving the purchase ora 0 987 acre public utility easement and a 0 400 acre temporary construction easement between the City of Denton and Michael and Sandl Reynolds, easements located m the S McCraeken, Abstract No 817, authorizing the expenditure of funds therefor, and providing an effective date (Lake Ray Roberts Water Transmission Line Project) BACKGROUND Mr & Mrs Reynolds have executed an agreement for the C~ty of Denton to purchase a 0 987 acre Utility Easement, 0 400 acre Construction Easement and payment for the reestabhshment of the driveway and removal of Ornamental Landscaping The Lake Ray Roberts Water Transmission Line Project is in the final design stage and the outstanding easements are currently being negotiated The design of the transmission water line and easement acqmsltlon from proposed Lake Ray Roberts Water Treatment Plant Site to a point on the north s~de of Clear Creek was completed in the early 1990's The water line design fi.om the point on the north side of Clear Creek to Loop 288 and the aeqmsltlon process of the remaining easements was resumed last year The acqmsltlon of the related outstanding easements are necessary for ultimate construction of the water line in conjunction with the Lake Ray Roberts Water Treatment Plant ~mprovements OPTIONS 1 Approve easement purchase agreement, or 2 Pursue alternative means or design scenarios RECOMMENDATION Staff recommends approval of the agreement between the City of Denton and Mr & Mrs Reynolds for the purchase of 0 987 acre permanent easement, 0 400 acre temporary construction easement and the relocation and/or removal of the ornamental landscaping features for the Lake Ray Roberts Water Transmission Line Project ESTIMATED PROJECT SCHEDULE Project mobilization - December, 2001 PRIOR ACTION/REVIEW March 27, 2001 Clty Council was briefed on negotlat~on status FISCAL INFORMATION The total price breaks down as follows with staff opinion on value allocations (Owner's counter-offer stipulated a lump sum total for value of all easements combined) 0 987 acre (42,994 sq ft ) x $0 45 per sq ft ($19,628 00 per acre) x 90 %equals $17,413 00 and 0 400 acre (17,424 sq f~ ) x $0 45 per sq ft ($19,628 00 per acre) x 25 02 % equals $1,962 00, and Improvements value (driveway replacement and ornamental landscaping) equals $3,888 68 and the total purchase price equals $23.263.68 Closing costs are estimated to be approximately $500 00 ATTACHMENTS >' Location map } S~te Map } Draft ordinance ~ Agreement Prepared By Paul Wflhamson Real Estate & Capital Support Manager Respectfully submitted Dawd Salmon Acting D~rector Eng~neenng Department 2 EQUESTRIAN ~ - W E ARENA ~ CARTER DEVELOPMENT ~ $ KUHLKEN 1 r D~N~ON lSD ~I i " 'NOLDS (' ' ' Legendw,,,,,n0 Lake Ray Roberts Engineering / GIS ~:~"'Y~°'~' Water Transmission i ~~,~, 04/05/01 Q~m~e~"e"lne Line Project c,~.u~,~,.=~.~ 4000 0 4000 8000 Feet 1 LOOP 288 DETAIL PLAN VIEW UTILITY EASEMENT EXHIBIT MICHAEL REYNOLDS LAND SCALE 1 CI~ AND COUN~ OF DENTON, TE~S CHECKED ORDINANCE NO AN ORDINANCE APPROVING THE PURCHASE OF A 0 987 ACRE PUBLIC UTILITY EASEMENT AND A 0400 ACRE TEMPORARY CONSTRUCTION EASEMENT BETWEEN THE CITY OF DENTON AND MICHAEL AND SANDI REYNOLDS, EASEMENTS LOCATED IN THE S MCCRACKEN, ABSTRACT NO 817, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (LAKE RAY ROBERTS WATER TRANSMISSION LINE PROJECT) THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The Ctty Manager ~s hereby anthonzed to execute an Agreement between the C~ty and Mmhael Reynolds and Sand~ Reynolds, In substantially the form of the Agreement Much ~s attached hereto and made a part of th~s ordinance for all purposes for the purchase of a pubhc utility easement and temporary constmctaon easement and other considerations regarding the Lake Ray Roberts Transmlsslon Waterline ProJect SECTION 2 The C~ty Manager ~s authorized to make the expenditures as set forth m the attached Agreement SECTION 3 Thru ordinance shall become effective ~mme(hately upon its passage and approval PASSED AND APPROVED th~s the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY 5 AGREEMENT AGREEMENT dated , 2001 between M~chael Reynolds and Sand~ Reynolds (~'OWNER") and the C~ty of Denton (~'CITY") WITNESSETH Whereas, MLchael Reynolds and Sand~ Reynolds ("OWNER") are the owner of certaLn land Ln Denton County, Texas which ~s being affected by the publac ~mprovement pro3ect called Ray Roberts Water L~ne Project (~PROJECT"), and Whereas, at as desarous of both partaes to stLpulate and agree to the terms and condataons assocaated w~th the anstallataon of the proposed water l~ne and appurtenances, NOW, THEREFORE, for good and valuable consideration, the receLpt and adequacy of whach as hereby acknowledged, the part~es agree as follows i For the purposes of th~s agreement the draft construction plans dated 2-09-01 , sheet one Ks attached hereto as ~EXHIBIT A" and made a part hereof by reference (the ~PLANS") The station numbers referenced an thas Agreement refer to station locataons set forth on the Plans 2 At Closang, the C~ty shall pay O~TER $ 3~888 68 as payment an full for the restoration by the OWNER of all of the affected landscape ~ncludLng, but not l~m~ted to, the relocataon of ~ras plants, ]aponLca bushes, tallow, mimosa and pecan trees, grass, aggregate driveway, water faucet and the consumption a 14" pane tree The CITY and/or water lane contractor shall be responsible for removing and d~spos~ng of all constructLonmater~als and construction waste products The payment for restoration shall be deemed adequate consaderatLon for not only relocatLng and/or replacLng the Lmpacted landscapLng area but also as full consaderataon for management, overhead, and warrantaes assocaated wlth the OWNER'S relocating and/or replaclng saad landscapLng 3 At Closing, the OWNER shall grant a permanent ut=l~ty easement described an ~EXHIBIT B" and a temporary E \MY ROBERTS\R~YNOLDSagreemen~ doc Page I construction easement descrabed an "EXHIBIT C" all attached herewith for the stapulated sum total of $19r375.00 an thear entarety In addataon, the OWNER shall satisfy all closang requirements an relataon to releasang and/or subordanataon of any laens affectang the permanent easements and temporary constructaon easement tracts; 4 The CITY shall specify and requare that the water lane contractor work expedataously to complete the proposed water lane wathan the boundaraes of the house area from Stataon 393+65 to Stataon 395+65 The tamang of the work wath~n the house area shall not commence before 8 00 a m A construct=on safety fence shall be · nstalled along the outer lamats of the permanent easement wathan the house area (Stataon 393+65 to Station 396+65) and shall remaan untal ats removal ~s deemed necessary by eather the CITY or OWNER The contractor shall not exceed the 1Lmats of the per~anent and temporary constructaon easements Contractor shall provlde a portable toalet fac~laty for ats employees and saad facallty shall be located an an area out of sate of the OWNER'S residence No smokang by any person wh~le on Grantors property 5 The CITY, at ~ts cost, shall anstall a 1-anch tap and water meter can on the proposed 16-anch water lane to be anstalled adjacent to OWNER'S property At the tame OWNER elects to tae onto the caty water lane for use assocaated wath the exastang residents, a C~ty of Denton Customer Service account shall be set up by the OWNER at the tame of the physacal connectaons The OWNER shall be responsable for all ty~acal connectaon fees 6 The CITY shall gave OWNER two (2) weeks notafacataon before enterang property for constructaon of saad water lane Only the north or south portaon of the house area ~s to dasturbed at any one tame Only the north or south drave wall be closed at any one time Extra care shall be taken by the water lane contractor to protect the ex=st~ng Electric and Telephone service l~nes from be~ng damaged durang the construction of the water lane project Page 2 7 The stipulated total sum of $23~263 68 shall be pa=d by the CITY at closlng to the OWNER through F~rst American T~tle Company, 1100 Dallas Dr , Suite 112 Street, Denton, Texas, 75205 and any other costs associated with th~s transaction shall be pa~d specifically by the C~ty Except for OWNER'S attorney fees 8 Th~s agreement constitutes the sole and only agreement of the part~es and supersedes any prior understandings or written or oral agreements between the part~es respecting the w~th~n subject matter OWNER 'MICHAEL RE. of, Ds SANDI REYNOLD~ Howard Mart~n Acting C~ty Manager Attest Jennifer Walters C~ty Secretary Appro~~ form Edwin M/S~yder Deputy C~ty Attorney Page 3 Acknowledgment THE STATE OF TEXAS, ~ COUNTY OF DENTON, ~ Th=s =nstrument was acknowledged before me on ,2001 by Howard Mart~n, Acting C~ty Manager, C~ty of Denton, Texas Notary Public, an and for the State of My Commission Expires Acknowledgment TEE STATE OF TEXAS, COUNTY OF DENTON, § j.._ / Th~s ~nstrument was acknowledged before me on ;~,~;~ ~ ,2001 by M~chael Reynolds and Sand~ Reynolds ~ ~ ~OS~N Wt~K,NSON ~ Not~ P~i~o, ~n and for ~ ['1~).) Notary Public State of Texas ~ ~MyCommlsslon~piresT.Zr.~ the State of Texas ~>~~~~.~ My Co~[ss~on E~res TITLE COMPANY ACCEPTANCEAND ACKNOWLEDGEMENT The T~tle Company acknowledges receipt of the fully executed Contract on day of , 2001 TITLE COMPANY Name F~rst Amerlcan Tztle Insurance of Texas Address 1100 Dallas Drlve, Suxte 112 Denton, Texas 76205 Telephone 940-383-2357 By Pr~nte~ Name T~tle Page 4 LOOP 288 { DETAIL PLAN VIEW UTILITY EASEMENT EXHIBIT ~/~/T MICHAEL ~OLDS LAND Engineers North SCALE 1~50 C[~ AND COUN~ OF DENTON TE~$ CHECK[O Surveyors & Engineers of North Texas Ph (940) 482 2906 FAX (940) 402 291t wtww 9entcorp corn RAY ROBERTS WATER LINE PARCEL #8 TRACT 1 50' UTILITY EASEMENT HELD NOTES to all that certain tract of land situated m the S McCracken Survey Abstract Number 817, Denton CountS., Texas and being a part of the called 4 229 acre tract described in the deed bom Charles J Wdson to Michael Reynolds et ux recorded m Volume 824. Page $16 of the Deed Records of Denton County, Texas the subject tract being more pamcularly described as follows BEGINNBqG for the Northeast comer of the tract being described hereto at 0 72 inch iron rod found at the Nm'theagt comet of the Reynolds tract and the Easturly Southeast comer of the called t20 420 acre tract described m a deed from Edv, ard F Wolsk~ to Denton Independent School District recorded under Clerk's File Nmnber 97-R0083710 or'the said Deed Records and on the Northwest right ot-way of FM 428, THENCE South 29 Degrees 01 Minutes 10 Seconds ~,est '~wth the North,,xest nght-of-',',ay of FM 428 and the East hne of the Reynolds ~'act a d~stanee of 882 7 feet to a concrete rtght-of-u,a), moaument at the Southeast comer thereof and a flare m the Northv, est right-of-way or' FM 428, YHENCE South 73 Degrees 04 Minutes 11 Second~ West '*~th the South line of the Re2, nolds tract a distance of 19 8 feet to a concrete right-of-was, monument at the Southwest comer thereof and the Southerl~ Southeast comer of the DISD tract THENCE North 00 Degrees 57 Mmuteq 44 Secoods X,~est ~,,ith the V, est hne of'the Re)holds tract aad the East linc of the DISD tract a d~slance of 72 5 feet THENCE North 29 Degrees 01 Minutes 10 Second~ East 50 teet Northwest of and parallel ~ xth the Northwest r~ght '~ a) hne o[' FM 42~, a d~stance of 854 3 feet to the North hn¢ of the Reynolds tract and the South hne of the DISD tract THENCE Sonth 86 Degrees 56 Minutes 50 Seconds East ~,lth the Norlh hne o( the Re,,nolds tract and the Sou~h hne of the DISD tract a distance of 5'~ 6 feet to the PLACE OF BEGINNING and enclosing 0 987 acres , Surveyors Engineers of North Texas 1~21 Am~nd~ Court Ponder TexasTe2Sg Ph (g40) 4~2-2gae FAX (~40) Toll Free (a77) 481 SENT RAY ROBERTS WATER LINE PARCEL #8 TRACT 2 30' TEMPORARY CONSTRUCTION EASEMENT FIELD NOTES to all that certain tract of land s~tuated m the S McCracken Survey Abstract Number 817, Denton County, Texas and being a part of the called 4 229 a¢~e tract described m the deed from Charles J Wilson to Michael Reynolds et ux recorded m Volume 824, Page 816 of the Deed Records of Denton County Texas, the subject tract being more particularly described as follows BEGfiqN'ING for the Northwest comer of the tract being descrtbed harem on the West hne of said Re)nolds tract and an East hne of the ualled 120 420 acre tract described m a deed from Ed~ard F Wol~k~ to D~nton Independent School D~strtct recorded under Clerk ~ Fdu Number 97-R0083710 of the ~ald Deed Records and being North 00 Degrees 57 Minutes 44 Secolld~, West a distance of 72 5 feet flora a concrete right of-way monument found at the Southerly Southeast comer thereof and the Southwest comer of the Reynolds tlact '[HENCE North 00 Degrees 57 Minutes 44 Seconds West 5~th the West hne of the Reynold~ tract and the East hne ol the DISD tract a thstance of 60 0 feet, THENCE North 29 Degrees 01 Minutes 10 Seconds East, 80 feet Nortlmest of and parallel x~lth the Norlh~ est right of- way hne oe FM 428, a distance of 546 I feet to thc old remains o1' a fence THENCE Nm th 85 Degree~ 18 iMmute~ 25 Mmotes East generalb along the old remains of a feuce a distance of 34 t~ tcct to a point 50 teat flora thc North~est rlght-of-~ay hnc of FM 428 THENCE South 29 Degrees 01 Minutes 10 Seconds West, 50 feet Northv, est of and paral, lel wtth the North,.~e~t right-of- way hne oe FM 428, a distance of 854 3 feet to the PLACE OF BEGINNING and enclosing 0 400 acres 12 Oate~._~/l'l fi) I AGENDA INFORMATION SHEET / ' - ~- AGENDA DATE. April 17, 2001 DEPARTMENT. Engtneenng CM/DCM/ACM: Dave Htll, 349-8314 SUBJECT Constder adoptton of an ordinance approvtng a real estate contract between the City of Denton and Mane Ehzabeth Sasso, relattng to the purchase of approximately 0 144 acre of land being located in the N H Melsenh¢~mer Survey, Abstract No 810 of Denton County, Texas for the U S Highway 77 Project, w~th t~tle vesttng m the State of Texas, authorizing the expenditure of funds therefor, and prowdlng an effective date (Parcel 16) BACKGROUND At the October 17, 2000 C~ty Counml meettng Ordinance No 2000-398 was approved authonzmg a final offer to be made to the property owner, Ms Mane Ehzabeth Sasso for Parcel 16 U S Htghway 77 Project, prior to the City Attorney fihng condemnatton actton to acqmre the needed right-of-way Upon further negotmttons wtth Mr Charles $ Wtmkates, attorney for Ms Sasso, she has agreed to accept the final settlement offer of $13,100 00 Th~s amount represents the final offer of $3,145 00 (fart market value as per our apprmser) and addltmnal constderatton of $9,955 00 The transactton costs of condemning the subject tract would exceed the addtttonal constderatlun amount It ts antm~pated that the Spemal Commlssmner fees, fihng fees, updated appratsal costs and expert wttness tees would ¢chpse the addlttonal constderatlon Also, the award amount for the tract would be unknown Eng~ncenng Department and Legal Department resources would also be expended tn preparatmn and faclhtatton of the condemnation process OPTIONS 1 Approve real estate contract, or 2 Acqmre right-of-way through emtnent dommn proceedings RECOMMENDATION Staff recommends approval of the real estate contract between the Ctty of Denton and Mane Ehzabeth Sasso for the purchase of 0 144 acres of land for right of way for U S Hwy 77 W~demng ProJect ESTIMATED PROJECT SCHEDULE June, 2001 PRIOR ACTION/REVIEW July 23, 1997 - Plamung & Zomng Commission recommended Project right-of-way acqms~tmn October 17, 2000 - C~ty Cotmcfl approved Ordinance No 2000-398 authorizing condemnatmn March 27, 2001 - C~ty Council was briefed on status ofnegot~atmns FISCAL INFORMATION The total price breaks down as follows 0 063 acre (2,721 square feet) x $1 10 per square foot ($47,916 00 per acre) equals $2,993 00 and 0 081 (3,532 square feet) x $1 10 per square foot x 1% (prescriptive right of way) equals $39 00, and Improvements value (driveway, fencing and ornamental landscaping) equals $113 00 and $9,955 00 as add~tlonal consideration equals the total purchase price of $13.100.00 Closing costs are estimated to be approximately $500 00 ATTACHMENTS ~ Location map ~' S~te Map ~ Planmng & Zomng Commmslon minutes July 23, 1997 ~ Draft Ordinance ~ Real Estate Contract Prepared By Paul Wflhamson Real Estate & Capital Support Manager Respectfully submitted Dawd Salmon Acting Director Eng~neenng Department NO $CAL~ SITE LOCATION MAP MARIE ELIZABETH SASSO -" X ~ VOL. PG. 6253S.F. OR 0.14-4. AC, 3552 S.F. IN PRESCRIPTIV RIGHT OF WAY REM. ,. 0.385 AC. REM. = F.D 5/8- 0.172 AC. 58° 11'36" E 102 4~' SITE MAP Pl~nmng -nd Zoning Minutes July 23, 1997 Page 2 Ms. Schertz: Are there any other nom~nntions? If there are none, nomln.t/ons are closed. We will vote on the nomr. ees in the order of their no-~i-.tion. I will ~ the/r name and then after I am through if you will r~se your right h.nd if you am/n favor. As m.ny ~s are in favor of lim Engelbmcht please raise your right )~ntl (Vote - 3) As many as are in favor of F_llen Schertz please raise your ngh£ hand. (Vote - 4) The new Ch~ir person by majority ,., F. llen Schertz. T~,-~ you For the second nominee we will be electing Vice-Chair person The floor is open Ms, Apple I would hke to nominate Bob Powell Ms, $chertz' Are there any further nomi.~uons? Mr Moreno I would nom~,,.~.e Jim Fmgelbrccht Ms $chertz' Are there any further nomln~Uons'~ 3eemg none, nom~-,tlons are closed As many as are in favor of Bob Powell, please raise your right h~d (Vote - 4) Seeing there is a majority, the new V~ce-Chair person will be Bob Powcll Congramlauons [U Consider approval of the m~nutes of the July 9, 1997 meetang Ms $chert. z Are there any corrections? Seeing none, the minutes will stand approved as written IV. Consider making recommendation to the C~ty Councti for the acquis~uon of the l~ght-of- Way for U 8.3'/7 from F.M. 2164 to 1-35 Mr Powell That's not 37'/but ~ 7? Ms $chertz: You arc correct Let thc minutes reflect that Mr. Powell I would move that we recommend to thc Ctty Counctl the acqu:smon of ILtght-of-Way for US 77 from F/VI 2164 to 1-35 Ms Gan~'er. Second Ms $chertz' Is there any &scussion9 All m favor, please rinse your right hand Mouon passes CT-O) V Consider mat'j, ug recommendation to the C~ty Council for the acqumuon of the R:ght-of- Way for t ~keview Boulevard Mr. Powell' I move that we m~ke recommendation to the C:ty Council for the accluisitaon of the Right-of-Way for Lakeview Boulevard .Mr. Engelbrecht: Second 5 ORDINANCE NO AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND MARIE ELIZABETH SASSO RELATING TO THE PURCHASE OF APPROXIMATELY 0 144 ACRES OF LAND BEING LOCATED IN THE NH MEISENHEIMER, ABSTRACT NO 810 OF DENTON COUNTY, TEXAS FOR THE US HIGHWAY 77 PROJECT, WITH TITLE VESTING IN THE STATE OF TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (PARCEL 16) THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS S]~CTION 1 The City Manager is hereby authorized to execute a Real Estate Contract between the City of Denton and Mane Ehzabeth Sasso m substantmlly the form of the Real Estate Contract whmh ~s attached to and made a part of th~s ordinance for all purposes, for the purchase of approxlmately 0 144 acres of land for the U S H~ghway 77 ProJect, w~th title vesting m the State of Texas SECTION 2 The C~ty Manager ~s authorized to make the expenditures as set forth m the attached Real Estate Contract SECTION 3 This ordinance shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED th~s the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM BY f_~/// REAL ESTATE CONTP. ACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and MARIE ELIZABETH SASSO (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser"), upon the terms and conditions set forth herein. PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land described in Exhibit "A" attached with all rights and appurtenances pertaining to the said property, including any rlght, title and ~nterest of Seller in and to adjacent streets, alleys or rlghts-of-way (all of such real prop- erty, rights, and appurtenances being hereinafter referred to as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth Seller shall pay all cost for the removal, installation, construction, re~nstallat~on, reconstruction, labor and materlals for any and/or ~mprovements located w~thin the property described an Exhibit "A". Any ~mprovements not removed by April 30, 2001 shall become property of the City of Denton, Texas PURCHASE PRICE 1. Amount of Purchase Price The total purchase price for the Property shall be the sum of $13,100 00 (the UPurchase Price"). The Property is being acquired by Purchaser to be used by the State of Texas as r~ght-of-way for the w~dening of U S H~ghway 77. The Purchase Price represents settlement of any and all claims, causes of action and damages that Seller may have against Purchaser and the State of Texas as a result of the acquisition of the Property including damages for the Property itself and any damages to Seller's remaining property. 2. Payment of Purchase Price. The full amount of the Purchase Price shall be payable in cash at the closing. DISK 5 7 PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing. 1. Preliminary Title Report. within twenty (20) days after the date hereof, Seller, at Purchaser's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a owner's policy commitment (the ,,Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Commitment that the condition of title as set forth in the Commmtment is or is not satisfactory. In the event Purchaser states the condition of title is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so wmthin ten (10) days after recempt of written notice, thms Agreement shall thereupon be null and void for all purposes, otherwmse, thms condmtmon shall be deemed to be acceptable and any ob3ectmon thereto shall be deemed to have been waived for all purposes. 2 Survey. Purchaser may, at Purchaser's sole cost and expense, obtain a current survey of the Property, prepared by a duly lmcensed Texas land surveyor acceptable to Purchaser The survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, ramlroads, rmvers, creeks, or other water courses, fences, easements, and rights-of- way on or adjacent to the Property, mf any, and shall contain the surveyor's certifmcation that there are no encroachments on the Property and shall set forth the number of total acres comprmsing the Property, together with a metes and bounds descrmptmon thereof. Purchaser will have ten (10) days after recempt of the survey to review and approve the survey In the event the survey is unacceptable, then Purchaser shall withmn the ten (10) day period, give Seller written notice of thms fact Seller shall, at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Seller ms unable to do so within ten (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall PAGE 2 8 thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey. 3. Seller's Compliance. Seller shall have performed, ob- served, and complied with all of the covenants, agreements, and conditions required by this Agreement to he performed, observed, and complied with by Seller prior to or as of the closing. REPRESENTATIONS AND WARRA/~TIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date: 1. There are no parties mn possession of any portion of the Property as lessees, tenants at sufferance, trespassers or other parties. 2. Except for the prior actions of Purchaser, there is no pending or threatened condemnation or similar proceeding or assessment or suit, affecting title to the Property, or any part thereof, nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority. 3 Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof. 4. To the best of the seller's knowledge, there are no toxic or hazardous wastes or materials on or wmthmn the Property Such toxic or hazardous wastes or materials xnclude, but are not limzted to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery Act (RCRA), as amended, and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as amended CLOSING The closing shall be held at the office of First American Title Insurance Company of Texas, 1100 Dallas Drive, Suite 112, Denton, Texas 76205 on or before April 30, 2001, or at such title company, time, date, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the "closing date"). PAGE 3 9 CLOSING REQUIREMENTS 1. Seller's Requirements. At the closing Seller sha11~ A. Deliver to State of Texas, acting by and through the Texas Transportation Commission a duly executed and acknowledged Deed in the form as attached hereto as Exhibit ~B" conveying good and marketable title to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following 1. General real estate taxes for the year of closing and subsequent years not yet due and payable, 2. Any exceptions approved by Purchaser pursuant to Purchaser's Obligations here- of; and 3. Any exceptions approved by Purchaser in writing B. Deliver to Purchaser a Texas Owner's Policy of Title Insurance at Purchaser's sole expense, issued by First American Title Insurance Company of Texas, Denton, Texas, (the "Title Company"), or such tltle company as Seller and Purchaser may mutually agree upon, in Purchaser's favor ~n the full amount of the purchase price, ~nsurlng fee s~mple t=tle for the State of Texas to the Property subject only to those title exceptions listed in Closing Requirements hereof, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner,s Policy of Title Insurance, provided, however 1. The boundary and survey exceptions shall be deleted if required by Purchaser and if so required, ~he costs associated w~th same shall be borne by Purchaser~ 2. The exception as to restrictive cove- nants shall be endorsed "None of Record"~ 3. The exception for taxes shall be limited to the year of closing and shall PAGE 4 10 be endorsed "Not Yet Due and Payable"; and 4. The exception as to liens encumbering the Property shall be endorsed "None of Record". C. Deliver to Purchaser possession of the Property on the day of closing. 2. Purchaser's Requirements. Purchaser shall pay the consideration as referenced in the "Purchase Price" section of this contract at Closing in immediately available funds 3. Closin~ Costs. Seller shall pay all taxes assessed by any tax collection authority through the date of Closing. All other costs and expenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be paid by Purchaser and Seller, except for Seller's attorney fees. REAL ESTATE COMMISSION Seller and Purchaser represent and warrant to each other that neither has retaLned a broker for this transactLon and that there are no broker or real estate fees due as a result of the consuaunation of this contract. BREACH BY SELLER In the event Seller shall fall to fully and timely perform any of its obligations hereunder or shall fall to consummate the sale of the Property except Purchaser's default, Purchaser may eLther enforce specific performance of thLs Agreement or terminate this Agreement by written notLce delivered to seller. BREACH BY PURCHASER In the event Purchaser should fall to consLunmate the purchase of the Property, the conditions to Purchaser's obligatLons set forth in PURCHASER'S OBLIGATIONS having been satisfied and Purchaser being in default Seller may either enforce specific performance of this Agreement, or terminate thLs Agreement by written notice delivered to purchaser. PAGE 5 MISCELLANEOUS 1. Assignment of Agreement. This Agreement may be &ssigned by Puroh&ser without the express written consent of Seller. 2. Survival of Covenants. Any of the representations, war- ranties, covenants, and &greements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contempl&ted hereby shall survive the closing and shall not be merged therein. 3. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party 4. Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. Parties Bound This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement 6. Legal Construction. In case any one or more of the pro- visions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said validity, illegality, or unenforceab~l~ty shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been cont&lned herein 7. Prior Agreements Superseded This Agreement constitutes the sole and only agreement of the parties and supersedes any prior .understandings or written or oral agreements between the parties respecting the within sub3ect matter. 8. Time of Essence. Time ~s of the essence in this Agreement. 9. Gender Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singul&r nu/nber shall be held to include the plural, and vice versa, unless the context requires otherwise. PAGE 6 10. Memorandum of Contract. Upon request of either party, both parties shall promptly execute a memorandum of this Agreement suitable for filing of record. 11. ComDli~nce. In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examaned by an attorney of Purchaser's own selection. 12. Time Limit. In the event a fully executed copy of thas Agreement has not been returned to Purchaser within ten (10) days after Purchaser executes this Agreement and del=vets same to Sel- ler, Purchaser shall have the right to termanate this Agreement upon written notice to Seller. 13, Effectave Date. The term "Effectave Date" means the latter of the dates on which this Contract as signed by either Sellers or Purchaser, as indicated by their s~gnature below. If the last party to execute this Contract fails to complete the date of execution below that party's signature, the date the Title Company acknowledges receipt of a copy of this fully executed contract is the Effective Date 14. No Specaal Assessments The U.S. 77 H~ghway Project for which the Property is being acquired consists of the w=dening of said roadway to a four lane divaded concrete thoroughfare (the ~Pro]ect") adjacent to Seller's rema=n~ng property As add=tional consideration, Purchaser agrees that ~t wall not assess Seller or its remaining property for any of the costs associated wath the Project 15. Existang Driveways The Project wall be constructed in such a manner that Seller's exasting drmveway openxng or openings will remaan open at no cost to Seller. PAGE 7 13 IN WITNESS WHEREOF, Seller and Purchaser have executed this contra~t as follows~ SELLER ~ PURCHASER: MARIE ELIZABETH SASS0 BY. Howard Martin Acting City Manager 215 E. McKinney Denton, Texas 76201 Date STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this __ day of · 2001 by Howard Martin, Actmng City Manager, of the City of Denton, a municipal corporatmon, known to me to be the person and officer whose nm=ne is subscribed to the foregoing instrument and acknowledged to me that the sa~e was the act of the said City of Denton, Texas, a municipal corporation, that he was duly authorized to perform the same by approprmate ordinance of the City Council of the City of Denton and that he executed the sa~e as the act of the samd City for purposes and consmderation therein expressed, and in the capacity theremn stated. Notary Public mn and for the State of Texas STATE OF COUNTY OF This instrument is acknowledged before me, on this day of , 2001 by MARIE ELIZABETH SASSO. Notary Public in and for the State of PAGE 8 14 TITLE COMPANY ACCEPTANCE AND ACKNOWLEDGEMENT The Title Company acknowledges receipt of the fully executed Contract on . day of , 2001. TITLE COMPANY~ Name~ First American Title Insurance of Texas Address- 1100 Dallas Drive, Suite 112 Denton, Texas 76205 Telephone~ 940-383-2357 By. Printed Name. Title. PAGE 9 15 County Denton E~-11BIT 'A' Highway U.S. 77 Page 1 afl Pmjant I.~mits From I,H. 35 Rev Seplember 20. 1999 To U.S. CSJ 0195-02 Accaunt FIELD NOTES FOR PARCEL 1~ BEING 0 144 ACRES OF LAND $1'ffJATED IN A C,~ I ~r~ 0 529 ACRE TRACT CONVEYED TO MARIE ELIZABETH SA..~SO, R~CORDED Itl ¥OLUME 2~49, PAGE ~0O, D~D R~CORD$ OF D~NTON COUNTY, TEXAS (DI~CT), AND BEING Si3~JATED IN THE N H SURVEY AB.5"I~t4CT NO 810, CiTY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PAR'riCULA,RLY I1ESCRIBED AS FOLLOWS. COMMENCING for reference at a found 5/8.~nd~ m~n md at Ihe nc~ toner of sa~d Sasso Izact and at ~e norihwest c~ner of a t,'ac! of land conveyed to Kennelh L Dav~dson and wt~e. Helen L Davtda~, rec~ffad m Volume 584, page 3~, DRDCT. THENCE S 35° 42' 4g' W along Ihe a~nmen property line of ~ Saaso and Da,~3'son ImcO, a d=ta~e of 154 48 feet to a set ,%~-i~ch ~mzt rod valh an aluminum cap for tha POINT OF BEGINNING, alse beag a ix~lnlce ille new no, ih ngh/of we¥1ae of U S 77. (1) THENCE S 35o 42, 4~ W, along a lae ca.hen to said Seaso i~.act and aa¢l Dav.~son ~.ac~. paas~ng at 25 76 fsel a 1/2wnch Iron ri:d, In all a dlatance of ~9 75 Ibel to a I~nt. I~ng Ihe se~lbeast miner of sad Sasso ffact the southwest comer of sad Davidsen linc[ and same being on Ihe ~ng nodh right of wey i~ne of U $ 77, (2) THENCE N $8° 27' 30' W, al°ng t~e ex~mg north ngM of way line of U S 77 ancl soulh line of sa~d Sasso Imct, a dMance of 102 49 feet to a point, berg ~ s~uthweat senler of sad Se~o ~a~ (3) THENCE N 35° 19' 44' E, al ~e west ~,~,~ ong ~ of sad ..... ~act, pasa~ng at a o~stance of 35 00 fset a found 1/2.*~o~ rod for Ibe southeast cemer of a cat, ed 1 237 ffact of land besc~bed m instrument to Khmsrow Sedeghia~, aa recorded in County Cle~'s number RO-0057477, DRDCT, in M, a to~ disl,~ca of 71 88 feet to a 5/8*inch ~ron rod uath en aluminum cap set on Ihe new n~h rk~t of way I~ne of U S 77 (4) THENCE S 24°47'3'1' E atongtbenewnor~h rightofwaylma ofU$ Tl, admanceof2116femt~asetSIS.ir~h~ronrod w~h an aluminum cap, (5) THENCE S 58° 11' 36' E, aleng the new north right of way ~ine of U S 77, a d~stance of 84 48 fset to ~e pOINT OF BEGINNING, and conlaimng 0 144 acre, or 6,253 squa'e feel of land, more or less, of w~ch 3 532 square feet reade ~n a pmsmpl~ve rlghl of way of U S. 77 Suweyed September, 1999 I:~S&J Inc B Glen Crouch, R.P'LS. -- - ' ' 'Date Texas Reg~s~a~n No 5255 l~o~m D-15-14 Pafolof$ Rev 9/91 DEED TH~ STATE OF TEXAS } } COLrN'IW OF } KNOW ALL MEN BY THESE PRESENTS. of the County of , State of Texas, hereinafter referred to as Grantors, whether one or more, for and m consideration of the sum of Dollars ($ ) to Grantors m hand paid by the State of Texas, acung by and through the Texas Transportation Commission, receipt of which ,~ hereby acknowledged, and for which no hen = retained, either expressed or unphed, have th~ day Sold and by these,presents do Grant, Bargain, Sell and Convey unto the State of Texas all that certain tract or parcel of land m County, Texas, more pamcularly de,scribed m Ex- hihit "A," which ~ attached hereto and incorporated hereto for any and all purposes SAVE and EXCEPT, HOWEVER, it ~ expressly understood and agreed that Grantors are retaining title to the following unprovements located on the property descnbed m said Exhibit "A," to wit Grantors covenant and agree to remove the above-described trnprovements from smd land by the day of , ,19 , subject, however, to such extensions of tune as may bc granted by the State m writing, and if, for any reason, Grantors fml or refuse to remo~ e same within said period of time prescribed, then, without any further conslderauon, the title to all or any part of such unprovements not so removed shall pass to and vest m the State of Texas forever Grantors reserve all of the off, gas and sulphur m and under the land hereto conveyed but wmve all rights of regress and egress to the surface therec[f for the purpose of explonng, developing, muung or drilling for same, however, nothing in flus reservation shall affect the t~tle and rights of the State to take and use al/ other minerals and materials thereon, thereto and thereunder Tey.~i Departmoat of Form P~g~ 2 o~ R~v. TO ~ s~ fo~ve~ si~ to W~t ~d Fo~v~ Dd~d ~ ~d S~'tar ~O S~ ~CS h~m co~v~ye~ ~to ~e Stye of Tex~ ~ ~SS ~OF, ~ ~ent h ~e~ted on this ~c day of ,19 ACKNOWLEDGMENT THE STATE OF TEXAS, } COUl, rrY OF } BEFORE ~ the undersigned, a Notary Pubhc, on this day pe~on.u¥ appeared , known to me (or proved to me on the olUh of , a credible wtmess,) to be the person(s) whose name(s) ~s (ate) subscribed to the foregoing msmunent and ?~L~owledged to me that he/shdthey executed the same for the putposes ~ coneldcrau, on therelil expressed GIVEN U'NDER MY HAND AND $.F. AL OF OI"I~J. CE, flus day of ,19 Notary Pubhc, Sta~ of Texas My Commnswn expu~ c~ the day of ,19 CORPORATE ACKNOWLEDGMENT THE STATE OF TE~S, } CO~ OF } B~O~ ~ ~ unde~ed, a No~ Pubhc, on ~ ~y ~o~11y ~pc~d of , ~OW~ tO me to ~ ~e ~on ~d offi~r who~ ~e ~ ~b~ to ~ forgoing ~ent ~ a~owl~g~ to me ~ ~ ~e w~ ~e act of ~e s~d , a co~o~uon, ~t he/she w~ d~y ~ffio~ to ~o~ ~e ~e by ~mpn~ ~olu~on of~ bo~ of~W~ of~ c~o~on ~d ~ ~/she ~e~m ~ G~ ~ MY ~ ~ 8~ OF O~t, ~s , ~y of , Notary Pubhc, State of My Commission exphv~s on the __ . day of ,19 18 Fora Paso 3 or3 Rev After Fecording please return thfs instrument CERTIFICATE OF RECORDING THE STATE OF TEXAS~ J COUNTY OF ) AGENDA INFORMATION SHEET ~)ate_~~_~ AGENDA DATE: Apnl 17, 2001 DEPARTMENT. Eng~neenng CM/DCM/ACM: Dave Hdl, 349-8314 SUBJECT Consider adoption of an ordinance apprnwng a real estate contract between the C~ty of Denton and W H Bottoms and Ethel Bottoms, relating to the purchase of approximately 0 046 acre of land being located m the BBB & CRR Survey, AbsVcact No 186 of Denton County, Texas for the US H~ghway 77 Project, w~th t~tle vesting ~n the State of Texas, anthonz~ng thc cxpenthture of funds therefor, and prowd~ng an effectwe date (Parcel 20) BACKGROUND At the November 28, 2000 C~ty Conned meeting Ordinance No 2000-435 was approved authorizing a final offer to be made to the property owner, Mr & Mrs Bottoms for Parcel 20 U S H~ghway 77 Project, prior to the Cny Attorney fihng condemnaUon action to acquire the needed nghr-of-way Upon further negotmtmns w~th Mr Charles J W~mkates, attorney for Mr & Mrs Bottoms, they have agreed to accept the final settlement offer of $9,500 00 Th~s amount represents the offer of $3,818 00 (fair market value as per our appraiser) and addmonal consideration of $5,682 00 The transachon costs of condemmng the subject tract would exceed thc addmonal constdcrat~on amount It ~s anticipated that the Specml Cormmss~oner fees, fihng fees, updated appraisal costs and expert w~tness fees would echpsc the add~tmnal cons~deratmn Also, the award amount for the tract would be unknown Engineering Department and Legal Department resources would also be expended m preparation and facd~tat~on of the condemnatmn process OPTIONS 1 Approve real estate contract, or 2 Acqmre right-of-way through eminent domain proceedings RECOMMENDATION Staff recommends approval of the real estate contract between the C~ty of Denton and W H Bottoms and Ethel Bottoms for the purchase of 0 046 acres of land for right of way for U S Hwy 77 Wldemng Project ESTIMATED PROJECT SCHEDULE June, 2001 PRIOR ACTIONfREVIEW July 23, 1997 - Planmng & Zoning Commmslon recommended Proj eot right-of-way acqmsmon November 28, 2000 - City Council approved Ordinance No 2000-435 anthonzmg condemnatmn March 27, 2001 - City Counml was briefed on status of negotmtions FISCAL INFORMATION The total price breaks down as follows 0 046 acre (2,009 square feet) x $1 10 per square foot ($47,916 00 per acre) equals $2,210 00 and Improvements value (driveway, fenmng and ornamental landscaping) equals $1,608 00 and $5,682 00 as addmonal consideration equals the total purchase price of $9.500.00 Closing costs are estimated to be approximately $500 00 ATTACHMENTS ~ Location map ~ S~te Map ~ Planning & Zomng Comm~ssmn mmutes July 23, 1997 ~ Draft Ordmance ~ Real Estate Contract Prepared By Paul Wflhamson Real Estate & Capital Support Manager Respectfully submitted D~ld Salmon Acting Director Engineering Department ~ ,~., ~.._ / o~ ~.~ "x "-t~. I ~... ~oT~o~s ~,~ ~ x~ ~'~ I VOL. PG. / ~ ~~ I ~oo~ S.F.O~ o.o~ ~c. / ~~~l REM. - 0.199 AC. /// ~~ I I ~L " ~L j/~ '-:' ,, ,, ~ ,~,, ., , ,, ~ j/~ ~: :' ~ - ~ ~ ~ ~_., kl I ' E/7=77'/,~ _ . ,. , N 57' 5997" W " 12~ I SITE MAP 4 planning ~nd Zoning Minute~ .July 23, 1997 Page 2 Ms. Schertz' Are there any other nom~-.tions? Il'there are none, nomln.~ions are dosed. We will vote on the nom~'nees in the order of their nomi-.fion I will Ii~ their nam~ and then after I am through if you will raise your nght h.nd if you are m favor. As many as are in favor of'~'im Engelbrecht please raise your right h~nd (Vote - 3) As m~ny as arc in favor of Ellen $chertz please raise your nght hand (Vote - 4) The new Chair per, on by majorit~ is F. llen $chenz Th~nle you For the second nominee we will be electing Vlce-Cha.u' person The floor ~s open Ms. Apple I would hke to nominate Bob Powell Ms $chertz Are there any further nominations? Mr Moreno I would nominate Sma Engelbrecht Ms $chertz Are them any further nom,naUonsV Seeing none, nornln~nons are closed As many as are in favor of Bob Powell, please raise your nght hand (Vote - 4) Seeing them is a majority, the new Vice-Chair person will be Bob Powell Congratulauons III Consider approval of the minutes of the Suly 9, 1997 meenng Ms $chertz Are there any corrections? Seeing none, the m,nutes will stand approved as Wrl~en I'V Consider malang recommendation to the City Council for the acquismon of the Right-of- Way for U S. 377 from F M 2164 to 1-35 Mr. Powell That's not 377 but ~s 77. Ms. $chertz' You are correct Lei; the mmute,s reflect thai: Mr. Powell I would move that we recommend to the City Council the acqu=mon of Right-of-Way for US 77 from FM 2164 to 1-35 Ms Ga,n~er Second Ms Schertz Is there any discussionV All in favor, please rase your right hand MoUon passes (7-0) V Consider making recommendation to the City Council for the acqmsluon of the Right-of- Way for Lakeview Boulevard Mr. Powell: I move that we make recommendation to the City Council for the acquisitzon of the Right-of-Way for Lakevlew Boulevard .Mr. l~.n~elbrecht: Second 5 ORDINANCE NO AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND W H BOTTOMS AND ETHEL BOTTOMS RELATING TO THE PURCHASE OF APPROXIMATELY 0 046 ACRES OF LAND BEING LOCATED IN THE N H MEISENHEIMER, ABSTRACT NO 810 OF DENTON COUNTY, TEXAS FOR THE US HIGHWAY 77 PROJECT, WITH TITLE VESTING IN THE STATE OF TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (PARCEL 20) THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The City Manager ~s hereby authorized to execute a Real Estate Contract between the City of Denton and W H Bottoms and Ethel Bottoms in substantmlly the form of the Real Estate Contract which ~s attached to and made a part of this ordinance for all purposes, for the purchase of approximately 0 046 acres of land for the U S H~ghway 77 ProJect, w~th t~tle vesting m the State of Texas SECTION 2 The C~ty Manager is authorized to make the expenditures as set forth m the attached Real Estate Contract SECTION 3 Thls ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of ., 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CItY ATTORNEY 6 REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTO~ THiS CONTRACT OF SALE is made by and W.H. BOTTOMS AND ETHEL BOTTOMS (hereinafter referred to es .Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser"), upon the terms and conditions set forth herein. PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land described in Exhibit "A" attached with all rights and appurtenances pertaining to the sa~d property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real prop- erty, rights, and appurtenances being hereinafter referred to as the "Property"), together with any improvements, fixtures, and personal property situated on end attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth Seller shall pay all cost for the removal, installation, construction, relnstallation, reconstruction, labor and materials for any and/or improvements located within the property described in Exhmb~t "A" Any improvements not removed by April 30, 2001 shall become property of the City of Denton, Texas. PURCHASE PRICE 1. Amount of Purchase Price The total purchase price for the Property shall be the sum of $9,500 00 (the ~Purchase Price"). The Property is being acquired by Purchaser to be used by the State of Texas as right-of-way for the widening of U.S Highway 77. The Purchase Price represents settlement of any and all claims, causes of action and damages that Seller may have against Purchaser and the State of Texas as a result of the acquisition of the Property includmng damages for the Property itself and any damages to Seller's remaining property. 2. Payment of Purchase Price The full amount of the Purchase Price shall be payable in cash at the closing. DISK 5 7 PURCHASER'S OBLIGATIONS The obligations of Puruhaser hereunder to consummate the transa0tions contemplated hereby are subject to the satisfaction of each of the following conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing. 1. Preliminary Title Report. Within twenty (20) days after the date hereof, Seller, at Purchaser's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a owner's policy commitment (the "Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property Purchaser shall give Seller written notice on or before the expiration of ten (10) ~ays after Purchaser receives the Commitment that the condition of title as set forth in the Commitment is or is not satisfactory. In the event Purchaser states the condition of title is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposes; otherwise, this condlt~on shall be deemed to be acceptable and any ob3ect~on thereto shall be deemed to have been waived for all purposes. 2. Survey Purchaser may, at Purchaser's sole cost and expense, obta=n a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser The survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, ravers, creeks, or other water courses, fences, easements, and rights-of- way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the nuraber of total acres comprising the Property, together with a metes and bounds description thereof. Purchaser will have ten (10) days after receipt of the survey to review and approve the survey. In the event the survey is unacceptable, then Purchaser shall w~thin the ten (10) day period, give Seller written notice of this fact. Seller shall, at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall PAGE 2 8 thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey. 3. Seller's Compliance. Seller shall have performed, ob- served, and complied with all of the covenants, agreements, and condxtions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing REPRESENTATIONS AND WARRAIqTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date. 1. There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, trespassers or other parties. 2. Except for the prior actions of Purchaser, there is no pending or threatened condemnatmon or simmlar proceeding or assessment or suit, affecting t=tle to the Property, or any part thereof, nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority. 3. Seller has complied with all applmcable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof. 4. To the best of the seller's knowledge, there are no toxmc or hazardous wastes or materials on or withxn the Property. Such toxic or hazardous wastes or matermals include, but are not lim=ted to, hazardous materials or wastes as sa~e are defmned by the Resource Conservation and Recovery Act (RCRA), as s/nended, and the Comprehensive Envmronmental Response Compensatmon and Liability Act (CERCLA), as amended CLOSING The closing shall be held at the office of First American Title Insurance Company of Texas, 1100 Dallas Drive, Suite 112, Denton, Texas 76205 on or before April 30, 2001, or at such title company, time, date, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the "closing date"). PAGE 3 9 CLOSING REQUIREMENTS 1. Seller's, Requirements. At the closing Seller shall: A. Deliver to State of Texas, acting by and through the Texas Transportation Commission a duly executed and acknowledged Deed in the form as attached hereto as Exhibit ~B" conveying good and marketable tatle to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the followings 1. General real estate taxes for the year of closing and subsequent years not yet due and payable; 2. Any exceptions approved by Purchaser pursuant to Purchaser's Obligations here- of; and 3. Any exceptions approved by Purchaser in writing. B. Deliver to Purchaser a Texas Owner's Policy of Title Insurance at Purchaser's sole expense, assued by First American Tatle Insurance Company of Texas, Denton, Texas, (the "Tatle Company"), or such tatle company as Seller and Purchaser may mutually agree upon, an Purchaser's favor an the full amount of the purchase price, ansurlng fee simple title for the State of Texas to the Property sub3ect only to those title exceptions listed in Closing Requirements hereof, such other exceptaons as may be approved an writing by Purchaser, and the standard printed exceptaons contained in the usual form of Texas Owner's Policy of Title Insurance, provided, however 1. The boundary and survey exceptions shall be deleted if requared by Purchaser and if so required, the costs associated with same shall be borne by Purchaser, 2. The exception as to restrictive cove- nants shall be endorsed "None of Record"; 3. The exception for taxes shall be limited to the year of closing and shall PA(]E 4 l0 be endorsed "Not Yet Due and Payable"; and 4. ~he exception as to liens encumbering the Property shall be endorsed "None of Record". C. Deliver to Purchaser possession of the Property on the day of closing. 2. Purchaser's Requirements Purchaser shall pay the consideration as referenced in the "Purchase Price" section of this contract at Closing in immediately available funds. 3. Closing Costs. Seller shall pay all taxes assessed by any tax collection authority through the date of Closing. All other costs and expenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be paid by Purchaser and Seller, except for Seller's attorney fees. REAL ESTATE COMMISSION Seller and Purchaser represent and warrant to each other that neither has retained a broker for this transaction and that there are no broker or real estate fees due as a result of the consu~unation of this contract. BREACH BY SELLER In the event Seller shall fa~l to fully and t~mely perform any of its obligations hereunder or shall fail to consummate the sale of the Property except Purchaser's default, Purchaser may either enforce specific performance of th~s Agreement or terminate this Agreement by written notice delivered to seller BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaserls obligations set forth in PURCHASER'S OBLIGATIONS having been satisfied and Purchaser being in default Seller may either enforce specific performance of this Agreement, or terminate this Agreement by written notice delivered to purchaser PAGE 5 MISCELLANEOUS 1. Assiqnment of A~reement. This Agreement may be assigned by Purchaser without the express written consent of Seller 2. Survival of Covenants. Any of the representations, war- ranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactaons contemplated hereby shall survive the closing and shall not be merged therein. 3 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receapt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. 4. Texas Law to ADDlY. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. Parties Bound. This Agreement shall be banding upon and anure to the benefit of the parties and thear respective hears, executors, a¢lministrators, legal representataves, successors and assigns where permitted by thas Agreement. 6. Legal Construction. In case any one or more of the pro- vasaons contained in this Agreement shall for any reason be held to be invalid, allegal, or unenforceable an any respect, said an- valadaty, illegality, or unenforceabllaty shall not affect any other provision hereof, and this Agreement shall be construed as af the invalid, illegal, or unenforceable provision had never been contained herein. 7. Prior Agreements Superseded. Thas Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 8. Time of Essence Time is of the essence in this Agreement. 9. ~ender. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular nu~nber shall be held to include the plural, and vice versa, unless the context requires otherwise. PA(]E 6 12 10. ~m~randum of Contract. Upon request of either party, both parties shall promptly execute a memorandum of this Agreement suitable for filing of record. 11. Compliance. In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. 12. Time Limit. In the event a fully executed copy of this Agreement has not been returned to Purchaser within ten (10) days after Purchaser executes this Agreement and delivers s~une to Sel- ler, Purchaser shall have the right to terminate this Agreement upon written notice to Seller. 13. Effective Date. The term ~Effectlve Date" means the latter of the dates on which this Contract is s~gned by either Sellers or Purchaser, as indicated by their s=gnature below If the last party to execute this Contract fa~ls to complete the date of execution below that party's s~gnature, the date the T~tle Company acknowledges receipt of a copy of th~s fully executed contract is the Effective Date 14 No Special Assessments The U S 77 H~ghway Project for which the Property is being acquired consists of the w~dening of said roadway to a four lane divided concrete thoroughfare (the ~Pro]ect") adjacent to Seller's remaining property. As additional consideration, Purchaser agrees that it will not assess Seller or ~ts remaining property for any of the costs associated with the Project 15. Existing Driveways The Project will be constructed an such a manner that Seller's ex~sting driveway opening or openings will remain open at no cost to Seller. PAGE 7 13 IN WITNESS WHEREOF, Seller and Purchaser have executed this contraot as follows: SELLER: PURCHASER: W.H. BOTTOMS AND ETHEL BOTTOMS W.H. BOTTOMS Howard Martin Acting City Manager 215 E. McKinney By~ Denton, Texas 76201 ETHEL BOTTOMS Date STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this __ day of , 2001 by Howard Martxn, Actmng City Manager, of the City of Denton, a municipal corporation, known to me to be the person and officer whose ns/ne is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Denton, Texas, a municmpal corporation, that he was duly authorized to perform the same by appropriate ordinance of the City Council of the City of Denton and that he executed the same as the act of the said City for purposes and consideration therein expressed, and in the capacity therein stated. Notary Public in and for the State of Texas STATE OF COUNTY OF This mnstrument is acknowledged before me, on this day of , 2001 by W.H BOTTOMS AND ETHEL BOTTOMS Notary Public in and for the State of PAGE 8 14 TITLE COMPANY ACCEPTANCE AND ACKNOWLEDGEMENT The Title Company acknowledges receipt of the fully executed Contract on ., day of , 2001 TITLE COMPANY: Name: First American Title Insurance of Texas Address: 1100 Dallas Drive, Suite 112 Denton, Texas 76205 Telephone~ 940-383-2357 By: Printed Name: Title: PAGE 9 15 EXHIBIT "A" County ~ Page 1 of 1 Highway ~ Project Emits: From I.H. :35 February 24, 1894 To U.S. 380 CSJ Account FIELD NOTES FOR PARCEL 20 BEING A PARCEL OF LAND SITUATED IN A TRACT CONVEYED TO W H BOTTOMS, RECORDED IN VOLUME 409, PAGE 862, DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT}, AND BEING SITUATED IN THE N.H MEISENHEIMER SURVEY. ABSTRACT NO 810, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING for reference at · found 1/2-Inch iron rod, same being the northwest corner of smd Bottoms tract and bmng a point on the east line of a 0.336-acre tract of land conveyed to Denms M~chael Baker and wife, Becky Ann de la Houssaye Baker, recorded in Volume 890, Page 526, DRDCT, THENCE S 32· 04' 09' W, along a I~ne common to smd Baker tract and said Bottoms tract, a distance of 133 15 feet to a set 5/8-Inch iron rod w~th an aluminum cap, being the POINT OF BEGINNING, also being a point on the new north Hght of way line of U S. 77, (1) THENCE S 58° 11' 35" E, alongthe newnorth right of way hne of U S 77, adlstsnceof 65 11 feet to a set B/8-inch iron rod with an aluminum cap, same bmng a po~ct on the east llne of smd W H Bottoms tract and on the west hne of a 0 232-acre tract of land conveyed to Albert B Grubba, Sr and wife, Margaret V Grubba, recorded in Volume 817, Page 632, DRDCTo (2) THENCE B 31 e 59' B2' W, along a llne common to amd Bottoms tract and smd Grubbs tract, a distance of 30 92 feet to a found 1/2-inch iron rod for the southeast corner of smd W H Bo~oms tract and the southwest corner of said Grubbs tract, same being a po~nt on the ex~sflng north r~ght of way line of U.S 77, (3} THENCE N 58° 03' 18" W, along a line common to smd Bottoms tract and the existing north right of way line of smd U S 77, a d~stance of 65 15 feet to a found 1/2-inch iron rod for the southwest corner of said Bottoms tract and sa.d po~nt bmng in the east I~ne of said Baker tract. (4) THENCE N 32° 04' 09' E, along a hne common to smd Bottoms tract and smd Baker tract, a distance of 30 76 feet to the POINT OF BEGINNING, and containing 0.046 acre, or 2,009 square feet of land, more or less 16 ?e;J~ Dep~'~mem of T~w~pomu~o~ E~IIB~T *'B" l~'on'n D-IS-X4 DEED THE STATB OF TEXAS } COLrN3~ OF } KNOW ALL MEN BY THESE PRESENTS. That, of the County of , State of Texas, herema~er referred to as Grantors, whether one or more, for and m consideration of the sum of . Dollars ($. ) to Grantors in.h~d p.a~d b.y th~. State. o.fTexas, acting by and through tt~ Texas Transpottatmn Comrrussmn, receipt o~ wmcn ~s nerevy ac~now~eaged, and for which no hen ~s retained, either expressed or ~mphed, have tl-us day Sold and by these presents do Grant, Bargain, Sell and Convey unto the State o£Texas all that certain txact or parcel ofl. andm County, Texas, more pamcularly descn'bed m Ex- h.tb~t "A," winch ts attached hereto and mcortmrated hereto for any and all purposes SAVE and EXCEPT, HOWEVER, it ~s expressly understood and agreed that Grantors are retmnmg utle to the followm§ unprovements locmed on the property d~scnbed m smd ExiuMt "A," to w~t Grantors covermnt and agree to remove the above..descnbed ~'npmvcments from smd land by the day of ,19. , subJect, however, to such extensmns of urne as may be granted by the State m writing, and fi, for any reason, Grantors fail or refuse to remove same w~thm s~td period of t~ne prescribed, then, without any further cons~deranon, the utle to all or any part of such unpmvemems not so removed shall pass to and vest m the State of Texas forever Grantors reserve all of the od, gas and sulphur m and under the land hereto conveyed but wmve all rights of regress and egress to the surface thereof for the purpose of explonng, developing, mmmg or dr~lhng for same, however, nottung m tlus reservanon shall affect the t~tle and rights of the State to take and use all other minerals and materials thereon, thereto and thereunder T~ct, D~psmuem of Tnm~pormion Fonu D-I~.I4 ~2o~3 Rev. TO ~ ~ TO HOLD sm~ ~ ~ts ~d ~e~ ~to f~vc~ ~d ~o~ do he.by b~d o~v~, sl~ to W~t ~d For~ Ddmd Tcx~ ~d i~ ~si~ ag~t ~ereof ~ ~SS ~OF~ ~ ~t h ~c~ted on this ~e day of ,19 ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF BEFORE ~ the undersigned, a Notary Pubhc, on this day personally appea~ed , kuown to me (or proved to me on the oath of , a credible vamess,) to be the person(s) whose name(s) is (ar~) subscribed to the foregoing tnsmimsut and ?,-~owledged to me that he/she/they exc;uted the same for the purposes a~d considemion the~m expressed GIVEN UNDER MY HAND AND SEAL OF OFFICE, ,h,s day of ,19 ~'lotax3, Pubh¢, S~a~e o£ Texas My Comnusmon cx:puw o~ tho day of ,19 CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS, } COUNTY OF I BEFORE ~ the undersigned, a Nota~, Pubhc, on this day perso,,~ITy appeared of , [raov, o to me to be thelperson and officer whose name is subscribed to ~he foregoing msuument a~d acknowledged lo me ~ the same was the act of the said , a corporauon, that be/she was duly authonzed to perform the s~ne by appropnale ~oluflon oftbe board of duecwrs of such corporanon and thai be/she executed the~same as the ac~ of such corporagon for the purposes and cons~derauon thereto expre~ed, and in the capacity thereto sta~d. Ol'V'.c2,1 UNDEII MY HAND AND SEAL OP' OFFIC~t, th~s d,,y of ,1~__ Notary Public. S~ate of Ter.~ My Cov~mtssion exphe.s on the _ day of ,19. 18 Tox~, Dep~meat r~ T~n~pom~ton Form D-15-14 Peso 3 of $ Rev. 9/91 After recording please return this instrument to: CERTIFICATE OF RECORDING THE STATE OF TEXAS, } coum~ OF I AGENDA IN¥OR.MATION SHEET AGENDA DATE: April 17, 2001 DEPARTMENT Eng~neenng ~ CM/DCM/ACM: Dave Hill, 349-8314 ~'q,74~ SUBJECT Consider adoption of an ordinance approving a real estate contract between the C~ty of Denton and Albert B Grubbs and Margaret V Grubbs, relating to the purchase of approximately 0 103 acre of land being located m the N H Melsenhelmer Survey, Abstract No 810 of Denton County, Texas for the U S H~ghway 77 ProJect, with title vesting m the State of Texas, authorizing the expenditure of funds therefor, and providing an effective date (Parcel 21) BACKGROUND At the October 17, 2000 City Council meeting Ordinance No 2000-399 was approved authorizing a final offer to be made to the property owner, Mr & Mrs Albert B Gmbbs for Parcel 21 U S Hxghway 77 ProJect, prior to the Cxty Attorney filing condemnation actmn to acquire the needed right-of-way Upon further negotiations with Mr Charles J Wmxkates, attorney for Mr & Mrs Grubbs, they have agreed to accept the final settlement offer of $24,500 00 Thxs amount represents the offer of $5,850 00 (fair market value as per our appraiser) and addxttonal consideration of $18,650 00 The transactxon costs of condemnmg the subject tract would exceed the additional consxderatxon amount It ~s anticipated that the Spemal Commissioner fees, filing fees, updated apprmsal costs and expert wlmess fees would eclipse the additional consideration Also, the award amount for the tract would be unlmown Engmeenng Department and Legal Department resources would also be expended ~n preparatxon and famhtatlon of the condemat~on process OPTIONS 1 Approve real estate contract, or 2 Acquire right-of-way through eminent domam proceedings RECOMMENDATION Staff recommends approval of the real estate contract between the C~ty of Denton and Albert B Grubbs and Margaret V Grubbs for the purchase o£0 103 acres of land for right of way for U S Hwy 77 W~denmg Project ESTIMATED PROJECT SCHEDULE June, 2001 PRIOR ACTION/REVIEW July 23, 1997 - Planning & Zoning Commission recommended Project right-of-way acqumtlon October 17, 2000 - C~ty Council approved Ordinance No 2000-398 anthonzmg condemnation March 27, 2001 - C~ty Cotmcfl was briefed on status of negotiations FISCAL INFORMATION The total pnee breaks down as follows 0 103 acre (4,473 square feet) x $1 00 per square foot ($43,560 00 per acre) equals $4,473 00 and Improvements value (driveway, fencing and ornamental landscaping) equals $1,377 00 and $18,650 00 as ad&t~onal consideration equals the total purchase pnee of $24.500.00 Closing costs are estimated to be approximately $500 00 ATTACHMENTS 3' Location map ~' S~te Map ~ Plannmg&ZomngCommlsslonmmutes July23, 1997 ~' Draft Or&nance ~' Real Estate Contract Prepared By Paul W~lhamson Real Estate & Capital Support Manager Respectfully submitted David Salmon Acting Director Engmeenng Department NO $CAL£ ~ SITE; LOCATION MAP ALBERT B. GRUBBS SR. & WIFE, MARGARET V. GRUBBS VOL. PG. 4473 S,F. OR 0,103 AC, REM,- 0,180 AC, c.,o~.'' S 58'11'38" E 115.00 N 57'59'17" W 1287 61' "~ 'i '/ SITE MAP 4 p:l~.,~;ng s.ud Zom,~g Mmute~ 3'uly 23, 1997 P~ge 2 Ms. $che~z: Are there any other nom~,~.fions? If there are none, nom;natiOllS are closed. We will vote on the nom~,~ees in the order of their nomination I will list their nanle mid then after I am through if you will raise your right ba~d if you arc m favor. As m~,y as are in favor of Jim Engelbrecht please raise your right ha~d. (Vote - 3) As ma~y as are in favor of Ellen Schertz please raise your right h~nd. (Vote - 4) The new C~ir person by ,-,ajority ~ Ellen Sche~. T~an~ you For the second nominee we wtil be electing Vice-Chair person The floor is open Ms Apple' I would like ;to nominate Bob Powell Ms Schertz Are there any further Mt' Moreno I would nominate llzn Engelbrecht Ms Schertz' Are there any further nomlnatlOnS'~ Seeing none, nominations are closed As many as are in favor of Bob Powell, please rs~se your right hand (Vote there ~s ama. Ionty, the new Vice-Chair person w~ll be Bob Powell Congratulations Ill Consider approval of the minutes of the ~Iuly 9, 1997 meeung Ms. Schertz Are there any corrections? Seeing none, the mmtltes will stand approved as written I'V Consider making recommendation to the C~ty ¢otmcfl for the acquts~taon of the Paght-of- Way for rd S. 377 from F M 2164 to Mr Powell That's not 377 but ~s 77. Ms, $¢hertz You are correct Let the minutes reflect that Mr. Powell I would move that we recommend to the City Council the acquisition of Paght--of-Way for rdS 77 from FM :2164 to 1-35 Ms (3anzer. Second Iris Sehertz Is there any d~scnssmn~ Ail m favor, please rinse your right hand Motion p~ses (7-0) ¥ Consider making recommendation to the City Council for the acqu~smon of the Paght-of- Way for Lakewew Boulevard Mr Powell I move fi~at we make recommendation to the C~ty Cotm¢fl for the aeq~usit~on of the Right-of-Way for Lakeview Boulevard .Mr. ~.n~elbreeht. Seeo~l 5 ORDINANCE NO AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND ALBERT B GRUBBS AND MARGARET V GRUBBS RELATING TO THE PURCHASE OF APPROXIMATELY 0 103 ACRES OF LAND BEING LOCATED IN THE N H MEISENHEIMER, ABSTRACT NO 810 OF DENTON COUNTY, TEXAS FOR THE US HIGHWAY 77 PROJECT, WITH TITLE VESTING IN THE STATE OF TEXAS, AUTHORIZING THE EXPENDITLrRE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (PARCEL 21) THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION I The City Manager is hereby anthonzed to execute a Real Estate Contract between the City of Denton and Albert B Grubbs and Margaret V Grubbs in substantially the form of the Real Estate Contract which Is attached to and made a pan of thas ordinance for all purposes, for the purchase of approximately 0 103 acres of land for the U S H~ghway 77 Project, w~th t~tle vesting in the State of Texas SECTION 2 The City Manager is authorized to make the expendatures as set forth an the attached Real Estate Contract SECTION 3 Tlus ordmance shall become effective lmmedmtely upon its passage and approval PASSED AND APPROVED tins the day of ., 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 6 REAL ESTATE CONTP~CT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE ~s made by and ALBERT B. GRUBBS AND MARGARET V. GRUBBS (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser"), upon the terms and conditions set forth herein. PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land described in Exhibit "A" attached w~th all rights and appurtenances pertaining to the said property, including any right, title and ~nterest of Seller in and to adjacent streets, alleys or rlghts-of-way (all of such real prop- erty, rights, and appurtenances being hereinafter referred to as the ,,Property"), together with any ~mprovements, f~xtures, and personal property situated on and attached to the Property, for the consideratxon and upon and subject to the terms, provisions, and conditions hereinafter set forth Seller shall pay all cost for the removal, installation, construction, reinstallation, reconstruction, labor and materials for any and/or improvements located within the property described ~n Exhibit "A". Any ~mprovements not removed by April 30, 2001 shall become property of the City of Denton, Texas PURCHASE PRICE 1. Amount of Purchase Price The total purchase price for the Property shall be the suan of $24,500 00 (the ~Purchase Prlce"). The Property is being acquired by Purchaser to be used by the State of Texas as right-of-way for the widening of U.S. Highway 77. The Purchase Price represents settlement of any and all clalms, causes of action and damages that Seller may have against Purchaser and the State of Texas as a result of the acquisition of the Property including damages for the Property ~tself and any damages to Seller's rema~ning property. 2. Payment of Purchase Price The full amount of the Purchase Price shall be payable in cash at the closing. DISK 5 7 PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing. 1. Preliminary Title Report. Wmthln twenty (20) days after the date hereof, Seller, at Purchaser's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue & owner's policy commmtment (the "Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property Purchaser shall give Seller written notice on or before the expiratmon of ten (10) days after Purchaser receives the Commmtment that the condition of title as set forth in the Commitment is or is not satisfactory. In the event Purchaser states the condition of title is not satmsfactory, Seller shall, at Seller's option, promptly undertake to elmmlnate or modmfy all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so wmth~n ten (10) days after receipt of written notmce, thls Agreement shall thereupon be null and void for all purposes; otherwise, th~s condmtmon shall be deemed to be acceptable and any ob3ection thereto shall be deemed to have been waived for all purposes 2. Survey. Purchaser may, at Purchaser's sole cost and expense, obtain a current survey of the Property, prepared by a duly l~censed Texas land surveyor acceptable to Purchaser The survey shall be staked on the ground, and shall show the locatmon of all improvements, hmghways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of- way on or adjacent to the Property, mf any, and shall contain the surveyor's certlfmcatmon that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds descrmption thereof. Purchaser wmll have ten (10) days after receipt of the survey to review and approve the survey In the event the survey ms unacceptable, then Purchaser shall wmthmn the ten (10) day period, give Seller written notice of this fact Seller shall, at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Seller ms unable to do so within ten (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall PAGE 2 8 thereupon be null and void for all purposes and the Escrow Deposit sh&ll be returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey. 3. Seller,s Compliance. Seller shall have performed, ob- served, and complied with all of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing. REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall he deemed made by Seller to Purchaser also as of the closing date~ I There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, trespassers or other parties. 2. Except for the prior actions of Purchaser, there is no pend=ng or threatened condemnation or s~milar proceeding or assessment or suit, affecting title to the Property, or any part thereof, nor to the best knowledge and belief of Seller Ks any such proceeding or assessment contemplated by any governmental authority. 3. Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof. 4. To the best of the seller's knowledge, there are no toxic or hazardous wastes or materials on or w~th~n the Property Such toxic or hazardous wastes or materials include, but are not limited to, hazardous materlals or wastes as sa~ne are defined by the Resource Conservation and Recovery Act (RCRA), as amended, and the Comprehensive Enviroranental Response Compensation and L~ab~lity Act (CERCLA), as amended CLOSING The closing shall be held at the office of Flrst American Title Insurance Company of Texas, 1100 Dallas Dr~ve, Suite 112, Denton, Texas 76205 on or before April 30, 2001, or at such title company, time, date, and place as Seller and Purchaser may mutually agree upon (which date ~s herein referred to as the ,,closing date"). PAGE 3 9 CLOSING REQUIREMENTS 1. Seller's. Requirements. At the closing Seller sha11~ A. Deliver to State of Texas, acting by and through the Texas Transportation Commiss=on a duly executed and acknowledged Deed in the form as attached hereto as Exhibit ~B" conveying good and marketable title to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the followang= 1. General real estate taxes for the year of closing and subsequent years not yet due and payable; 2. Any exceptions approved by Purchaser pursuant to Purchaser's Obllgat~ons here- of, and 3. Any exceptaons approved by Purchaser an wrating. B Deliver to Purchaser a Texas Owner's Policy of Tatle Insurance at Purchaser's sole expense, ~ssued by First American Tatle Insurance Company of Texas, Denton, Texas, (the "Title Company"), or such t~tle company as Seller and Purchaser may mutually agree upon, ~n Purchaser's favor ~n the full ~unount of the purchase price, ~nsuring fee s~mple t~tle for the State of Texas to the Property subject only to those title exceptions listed an Closing Requirements hereof, such other exceptions as may be approved an writang by Purchaser, and the standard printed exceptions contained =n the usual form of Texas Owner's Polacy of Title Insurance, provided, however. i The boundary and survey exceptions shall be deleted af requzred by Purchaser and af so required, the costs associated with same shall be borne by Purchaser, 2. The exception as to restrictive cove- nants shall be endorsed "None of Record", 3. The exception for taxes shall be limited to the year of closing and shall PAGE 4 10 be endorsed "Not Yet Due and Payable"; and 4. The exception as to liens encumbering the Property shall be endorsed "None of Record". C. Deliver to Purchaser possession of the Property on the day of closing. 2. Purchaser's Requirements Purchaser shall pay the consideration as referenced in the "Purchase Price" section of this contract at Closing in immediately avaLlable funds 3. Closing Costs. Seller shall pay all taxes assessed by any tax collectLon authority through the date of Closing. All other costs and expenses of closing in consununating the sale and purchase of the Property not specifically allocated hereLn shall be paid by Purchaser and Seller, except for Seller's attorney fees. REAL ESTATE COMMISSION Seller and Purchaser represent and warrant to each other that neLther has retained a broker for this transaction and that there are no broker or real estate fees due as a result of the consummation of this contract BREACH BY SELLER In the event Seller shall fa~l to fully and tLmely perform any of its obligations hereunder or shall fall to consuaunate the sale of the Property except Purchaser's default, Purchaser may either enforce specific performance of thLs Agreement or termLnate this Agreement by wrLtten notice delivered to seller. BREACH BY PURCHASER In the event Purchaser should fa~l to consuaunate the purchase of the Property, the conditions to Purchaser's oblLgations set forth in PURCHASER'S OBLIGATIONS havLng been satisfied and Purchaser being Ln default Seller may either enforce specLfLc perforlnance of this Agreement, or termLnate thLs Agreement by written notice delivered to purchaser. PAGE 5 MISCELLANEOUS 1. Assignment of Agreement. This Agreement may be assigned by Purchaser without the express written consent of Seller. 2. Survival of Covenants. Any of the representations, war- ranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. 3. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by Unated States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. 4 Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the partaes created hereunder are performable in Denton County, Texas. 5. Parties Bound. This Agreement shall be banding upon and lnure to the benefat of the parties and their respective hears, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement 6. Legal Constructaon In case any one or more of the pro- visaons contained in this Agreement shall for any reason be held to be invalad, illegal, or unenforceable an any respect, saad an- valadity, illegalaty, or unenforceabalaty shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein 7. Prior Agreements SuDerseded Thas Agreement constatutes the sole and only agreement of the parties and supersedes any prior understandangs or wratten or oral agreements between the parties respecting the withan subject matter 8. Time of Essence Tame as of the essence in thas Agreement. 9. Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to anclude the plural, and vice versa, unless the context requires otherwise. PAGE 6 12 10. Memorandum of Contract. Upon request of either party, both parties shall promptly execute a memorandum ~of this Agreement suitable for filing of record. 11. Compliance. In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should he furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own select=on. 12. Time Limit In the event a fully executed copy of this Agreement has not been returned to Purchaser wLthin ten {10) days after Purchaser executes thls Agreement and delivers same to Sel- ler, Purchaser shall have the right to terminate this Agreement upon written notice to Seller. 13. Effective Date. The term "EffectLve Date" means the latter of the dates on which this Contract Ls sLgned by either Sellers or Purchaser, as indicated by their signature below. If the last party to execute thLs Contract falls to complete the date of execution below that party's signature, the date the Title Company acknowledges receipt of a copy of thLs fully executed contract is the EffectLve Date 14. No Special Assessments The U.S 77 H~ghway Project for whlch the Property Ls being acquired consLsts of the w~den~ng of saLd roadway to a four lane d~vided concrete thoroughfare (the UProJect") adjacent to Seller's remaining property As addLtLonal consideration, Purchaser agrees that ~t will not assess Seller or Lts remaining property for any of the costs associated with the Project 15. Existing Driveways. The Project wLll be constructed Ln such a manner that Seller's ex~st=ng driveway openln~ or openLngs will remain open at no cost to Seller PAGE 7 13 IN WITNESS WHEREOF, Seller and Purchaser have executed this contract as follows~ SELLERs PURCHASER ALBERT B. GRUBBS AND MARGARET V. GRUBBS B¥~ . BY~ ALBERT B. GRUBBS Howard Martmn Acting Cmty Manager 215 E McKinney By~ Denton, Texas 76201 MARGARET V. GRUBBS Date STATE OF TEXAS COUNTY OF DENTON This mnstrument ms acknowledged before me, on thms __ day of · 2001 by Howard Martmn, Acting Cmty Manager, of the Cmty of Denton, a munmcipal corporatmon, known to me to be the person and officer whose name ms subscribed to the foregomng instrument and acknowledged to me that the sa/ne was the act of the sazd City of Denton, Texas, a munmcmpal corporatmon, that he was duly authorized to perform the sa~e by appropriate ordmnance of the City Councml of the Cmty of Denton and that he executed the same as the act of the sa~d City for purposes and consmderation theremn expressed, and in the capacmty theremn stated. Notary Publmc mn and for the State of Texas STATE OF COUNTY OF This mnstrument zs acknowledged before me, on thms day of , 2001 by ALBERT B. ~RUBBS AND MARGARET V GRUBBS. Notary Public mn and for the State of PAGE 8 14 TITLE COMPANY ACCEPTANCE AND ACKNOWLEDGEMENT The Title Company acknowledges receipt of the fully executed Contract on .. day of , 2001. TITLE COMPANY: Name: First American Title Insurance of Texas Address: 1100 Dallas Drive, Suite 112 Denton, Texas 76205 Telephone: 940-383-2357 Printed Name~ Title~ PAGE 9 15 EXHIBIT County Denton Page 1 of 1 Highway U.S. 77 Project Limits From I.H. 35 Rev October 27, 1994 To CSJ 0195-02 Account FIELD NOTES FOR PARCEL 2._~1 BEING A PARCEL OF LAND SITUATED IN A CALLED 0 232-ACRE TRACT OF LAND CONVEYED TO ALBERT B GRUBBS, SR AND WIFE, MARGARET V GRUBBS, RECORDED IN VOLUME 817, PAGE 632, DEED RECORDS OF DENTON COUNTY, TEX~S (DRDCT), AND IN A CALLED 0 228-ACRE TRACT CONVEYED TO ALBERT B GRUBBS, SR AND WIFE, MARGARET V GRUBBS, AS RECORDED IN VOLUME 842, PAGE 977, DRDCT, AND BEING SITUATED IN THE N H MEISENHEIMER SURVEY, ABSTRACT NO 810, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING fer reference at a found 1/2-~nch iron rod, same being the northwest corner of aa~d 0 232-acre Grubbs tract, and being a point on the east line of a tract of land conveyed to W H Bottoms, recorded m Volume 409, Page S62, DRDCT; THENCE S 31 o 59' $2' W, along the common property hne of sa~d 0 232-acre Grubbs tract and sa~d Bosoms tract, a d~stance of 109 50 feet to a set 5/8-tach iron rod w~th an aluminum cap, being the POINT OF E~EGINNING, also being a point on the new north right of way hne of U S 77, (1) THENCE S 58o 11' 36" E, along the new north r~ght of way line of U S 77, a d~etance of 143 82 feet to a set 8/8-~nch iron rod with an aluminum cap, same being a point on the east hne of sa~d 0,228-acre Grubbs tract and the west hne of a 0 220-acre tract of land conveyed to Emory D Groemng, recorded m Volume 898, Page 793, DRDCT, (2) THENCE S 31° 44' 25" W, along s hne commons to sa~d 0 228~acre Grubbs tract and sa~d Groenmg tract, a dmtance of 31 27 feet to a found 1/2-tach ~ron rod being the southeast corner of sa~d 0 228-acre Grubbs tract and the southwest corner of sa~d Groenmg tract, and sa~d point being on the existing north rtght cf way hne of U S 77, (3) THENCE N 58° 03' 18" W, along a hne common to sa~d Grubbs tract and ex~stmg north r~ght of way hne of U S 77, a dmtance of 143 96 feet, to a found 1/2-tach ~ron rod being the southwest corner of sa~d 0 232-acre Grubbs tract and the southeast corner of sa~d Bottoms tract, (4) THENCE N 31 o 59' 52" E, along a hne common to sa~d 0 232-acre Grubbs tract and sa~d Bottoms tract, a distance of 30 92 feet to the POINT OF BEGINNING, and containing 0 103 acre, or 4,473 square feet of land, more or less John F Wilder, R PL~; = ~ ~ ~ , Date Texas No 4285 ~ ~ Tex~s Deparanent of Tra~po~'Uflon EXHIBXT "B" Fo~ D-I~-I4 Page iof~ R~v 9~1 DEED ~ STA~ OF ~ } ~ CO~ OF } ~OW ALL MEN BY T~SE PRESENTS. of the County of , State of Texas, hereinafter referred to as Grantors, whether one or more, for and m conslderauon of the sm of Dollars ($ ) to Grantors ~t~a:n.d p?d b.y th~. State. o.f Texas, acting b.y and through tim Texas Tramportation Cornnussion, receipt of cn ~s nereoy acl~nowreaged, and for which no hen ~s retained, e:ther expressed or m~phed, have th.ts day Sold and by these presents do Grant, Bargain, Sell and Convey unto the State of Texas all that certain o.f and County, Texas, more pam¢.i. ly molt ~, wmcn ~s attacnea hereto and incorporated hereto for any and all pur~ses SAVE and EXCEPT~ HOWEVER~ :t :s expressly understood and agreed that Grantors are retaining Utle to the following unprovements located on the property described m smd Exlub:t "A," to w~t Grantors covenant and agree to remove the above-described maprovements fi-om smd land by the day of ,19 , subject, however, to such extensmns of time as may be granted by the State m writing, and ~, for any reason, Grantors fad or refuse to remove same within smd period of tmae presctabed, then, w:thout any further considerauon, the utle to all or any part of such unprovements not so removed shall pass to and vest m the State of Texas forever Grantors reserve all of the o:I, gas and sulphux m and under the land hereto conveyed but wmve all rights of tug,ss and egress to the surface thereof for the purpose of explonng, developing, rnmmg or d.nl!~ng for same, however, nothing m tlus mservatlon shall affect the title and rights of the State to take and use all other minerals and materials thereon, thereto and thereunder Tex~s Deparlmont of Tmspomt/o~ Form D-I~.I4 Pago2of~ R~Y 9~1 TO ~ ~ TO HOLD ~e p~ he~ d~d ~d h~m conveyed toge~er w~ ~ ~d ~o~ ~ ~ts ~d ~e~ ~to h ~y w~e ~on~g ~to ~ S~m ofT~ ~d i~ ~ve~ ~d O~to~ do h~by b~d o~v~, o~ hc~, exc~to~, ~a~o~, succcsso~ ~d ~- si~ to W~t ~d Fo~v~ D~d ~ ~d s~ ~e s~ ~es h~m co~v~ycd ~to ~c S~c of Tex~ ~d im ~si~ ag~t ev~ ~on who~v~ ~y clog or to ~ ~e s~ or ~y p~ ~ereof ~ ~SS ~OF~ ~ ~ent ~ ~e~ted on this ~e day of ,19 ACKNOWLEDGMENT THE STATE OF TEXAS, } COUNTY OF } BEFORB ~ the u-denlgned, a Notary Pubhc, on this day pe~onally appeared , known to me (or proved to me on the oath of , a credible w~mess,) to be the person(s) v, hose name(s) ,~ (ate) subscribed to the fozegomg mstrume~ and .~'J,'nowlcdged to me that he/she/they executed thc same for the purposez and conslderaaon thereto exprezzed GIVEN UI'CDBR MY HAND AND SEAL 0P OFF/CB, ,h,s day of , 19__ Notary Pubhc, Sta~e of Tcx. a~ My Comnus~on CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF } BEFORB ~ the unde~lgned, a Nota~ Pubhc, on flus day personnUy appeared of , knov, n tO me to be the per, on ,nd officer who~e name l.s subsc~bed to the foregoing m.~wament n,vt acknowledged to me thai the same was the act of the satd , a corporauon, that he/she wa~ duly authonzed to perform the same by appropriate re~oluuon of thc board of du-ecwl'~ of such corporaUon and thai he/she executed the same as the ac~ 0f such corporagon for the pmposc~ and conside.raUon thereto exprc~.~i, and in the capac~rl, GIVt2,/UNDBII MY HAND AND SEAL OF OFFICzr, this .. d,y of ,19 Notary Pubhc, Sta~e of T~xa~ My Commission expires on the .. day of ,19 18 T~xas D~ptrlment o[' Tran~porta~on Forth D-I.~-I4 Pase~of3 Rov. 9/91 After recording please return this Instrument to: CERTIFICATE OF RECORDING THE STATE OF TEXAS~ } COUNTY OF AGENDA INFORMATION SHEET AGENDA DATE: April 17, 2001 DEPARTMENT' Englneertng CM/DCM/ACM: Dave Hill, 349-8314 SUBJECT Constder adoption of an ordinance approving a real estate contract between the C~ty of Denton and Charhe M Cunnmgham and Jams A Cunmngham Trustees of the Cunnmgham Famtly Trust, relating to the purchase of approxtmately 0 055 acre of land being located m the B B B & C R R Survey, Abstract No 186 of Denton County, Texas for the U S Htghway 77 Project, w~th tttle vesting m the State of Texas, authorizing the expenditure of funds therefor, and provtdmg an effective date (Parcel 27) BACKGROUND At the October 17, 2000 C~ty Council meeting Ordinance No 2000-401 was approved authorizing a final offer to be made to the property owner, Charhe M Cunmngham and Jants A Cunnmgham Trustees of the Cunmngham Family Trust for Parcel 27 U S Highway 77 Project, Project, prior to the Ctty Attorney fihng condemnation action to acqmre the needed right-of-way Upon further negotiations wtth Mr Charles J Wmtkates, attorney for Mr & Mrs Cunmngham, they have agreed to accept the final settlement offer of $17,300 00 Th~s amount represents the offer of $5,150 00 (fmr market value as per our appraiser) and addmonal consideration of $12,150 00 The transaction costs of condemmng the subject tract would exceed the additional cons~deratton amount It ~s anticipated that the Spectal Commissioner fees, fihng fees, updated appratsal costs and expert w~tness fees would echpse the additional eons~deratton Also, the award amount for the tract would be unknown Engineering Department and Legal Department resources would also be expended ~n preparation and fac~htat~on of the condemnation process OPTIONS 1 Approve real estate contract, or 2 Acqtl~re right-of-way through eminent domain proceedings RECOMMENDATION Staff recommends approval of the real estate contract between the Ctty of Denton and Charhe M Cunnmgham and Janls A Cunmngham Trustees of the Cunmngham Family Trust for the purchase of 0 055 acres &land for rtght of way for U S Hwy 77 Wtdenmg Project ESTIMATED PROJECT SCHEDULE June, 2001 1 PRIOR ACTIONfREVIEW July 23, 1997 - Planning & Zomng Commission recommended Project right-of-way acquisition October 17, 2000 - C~ty Council approved Ordinance No 2000-398 authorizing condemnation March 27, 2001 - City Council was briefed on status of negotiations FISCAL INFORMATION The total price breaks down as follows 0 055acre (2,413 square feet) x $1 15per square foot ($50,094 00 per acre) equals $2,775 00 and Improvements value (driveway, and ornamental landscaping) equals $2,375 00 and $12,150 00 as additional consideration equals the total purchase price Closing costs are estimated to be approximately $500 00 ATTACHMENTS ~ Location map ~ Site Map ~ Planmng & Zoning Commission minutes July 23, 1997 ~ Draft Ordinance ~ Real Estate Contract Prepared By ~aul Wllhan:l~on Real Estate & Capital Support Manager David Salmon Acting Director Englneenng Department NO SCALE LOCATION MAP 3 Pl.-nt~g and Zo-l.g Mtnut~ .Tuly 2:3, 1997 Page 2 Ms. Scherlz: Are there any other nomt..tions? If there are none, noml-.tlons are closed. We will vote on the nomhle~ iii the order of their nomln~tion I will ~ their nme and then after I am through if you will rahe your right h. nd if you arc in favor. As many as are in favor of~'un Engelbrecht please rahc your right h~.d. (Vote - 3) As many as arc in favor of Ellen Schertz please raise your right hand (Vote - 4) Thc new Ch~ir per, on by majority is Ellen Scherlz Tb~.t- you For the second noml-ee we will be electing Vlce-Ch~ir person The floor is open Ms Apple I would hke to nominate Bob Powell Ms. $chertz' Are there any further nomh~uons? lvlr. Moreno I would nomln~le .lira Engelbrecht Ms $chertz' Are there any further nomm.tlons? Seeing none, nomi~2tions are closed As many a.s are m favor of Bob Powell, please raise your right hand (Vote - 4) Seeing there is a majority, the new Vice-Chair person will bc Bob Powell Congratulations HI Consider approval of the minutes of the July 9, 1997 mecung MS $chertz Arc there any correct~ons? Seeing none, the minutes will stand approved ~,~ writ'ten IV. Consider making recommendation to the C~t'y Council for the acqu=mon of the Right-of- Way for U $. 377 from F.M. 2164 to 1-35 Mr Powcll That's not 377 but ~s 77. Ms. $chertz You are correc~ Let the rm-ute.s rcflecl that Mr. Powell: I would move that we recommend to the City Council the acqualuun of Right-of-Way for US 77 from FM 2164 to 1-35 Ms G.-~'cr. Second Iris $chertz' Is there any discussion9 All m favor, please raise your right b~-d Motion passes (7-0) V Consider m.t'ing recommendation to the City Council for the acqu=~tlon of the Right-of- Way for Lakevicw Boulevard Mr. Powell. I move that we m.ke recommendation to the City Council for the acquisition of the Right-of-Way for Lakeview Boulevard .Mr. Engelbrecht: Second. 5 ORDINANCE NO AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND CHARLIE M CUNNINGHAM AND JANIS A CUNNINGHAM TRUSTEES OF THE CUNNINGHAM FAMILY TRUST RELATING TO THE PURCHASE OF APPROXIMATELY 0055 ACRES OF LAND BEING LOCATED IN THE NH MEISENHEIMER, ABSTRACT NO 810 OF DENTON COUNTY, TEXAS FOR THE US HIGHWAY 77 PROJECT, WITH TITLE VESTING IN THE STATE OF TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (PARCEL 27) THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The C~ty Manager ~s hereby authonzed to execute a Real Estate Contract between the C~ty of Denton and Charhe M Cunmngham and Jams A Cunnmgham Trustees of the Cunmngham Famdy Trust m substantmlly the form of the Real Estate Contract which ~s attached to and made a part of th~s ordinance for all purposes, for the purchase of approxrmately 0 055 acres of land for the U S H~ghway 77 ProJect, w~th t~tle vesting ~n the State of Texas SECTION 2 The C~ty Manager ~s authorized to make the expen&tures as set forth ~n the attached Real Estate Contract SECTION 3 Thru or&nance shall become effective ~mme&ately upon ~ts passage and approval PASSED AND APPROVED tins the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 6 REAL ESTATE CONTRACT STATE OF TEXAS COUNTY ,OF DENTON THIS CONTRACT OF SALE is made by and CRARLIE M. CUNNIN~HAM AND JANIS A. CUNNINGHAM TRUSTEES OF THE CUNNIN~HAM FAMILY TRUST(hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, 'a home rule municipality, of Denton, Denton County, Texas, (herei~after referred to as "Purchaser"), upon the terms and condxtions set forth herein. PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or,parcel of land described in Exhibit "A" attached with all rights and appurtenances pertalning to the said property, · ncluding any rzght, title and xnterest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real prop- erty, rights, and appurtenances being hereinafter referred to as the "Property"), together with any ~mprovements, fixtures, and person&l property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth. Seller shall pay all cost for the removal, installatxon, construction, re~nstallation, reconstruction, labor and materials for any and/or improvements locate~ within the property described in Exhibit "A". Any ~mprovements not removed by April 30, 2001 shall become property of the City of Denton, Texas. PURCHASE PRICE 1. Amount of Purchase Price. The total purchase price for the Property shall be the sum of $17,300 00 (the "Purchase Price"). The Property is being acquired by Purchaser to be used by the State of Texas as right-of-way for the w~dening of U S. Highway 77. The Purchase Price represents settlement of any and all claims, causes of action and damages that Seller may have against Purchaser and the State of Texas as a result of the acquisztion of the Property including damages for the Property itself and any damages to Seller's remaining property. 2. Payment of Purchase Przce. The full ~mount of the Purchase Price shall be payable in cash at the closing. DISK 5 7 PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consunanate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing. 1. Preliminary Title Report. Within twenty (20) days after the date hereof, Seller, at Purchaser's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a owner's policy com~aitment (the "Co~u~itment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Commitment that the condition of title as set forth in the Commitment is or is not satisfactory. In the event Purchaser states the condition of title is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, thls Agreement shall thereupon be null and void for all purposes; otherwzse, th~s condition shall be deemed to be acceptable end any objection thereto shall be deemed to have been waived for all purposes. 2 Survey Purchaser may, at Purchaser's sole cost and expense, obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser The survey shall be staked on the ground, and shall show the locat=on of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of- way on or adjacent to the Property, if any, and shall contain the surveyor's certif~catlon that there are no encroachments on the Property and shall set forth the nuanber of total acres comprising the Property, together with a metes and bounds description thereof. Purchaser will have ten (10) days after receipt of the survey to review and approve the survey In the event the survey ~s unacceptable, then Purchaser shall w~thln the ten (10) day period, gxve Seller written notice of this fact Seller shall, at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser In the event Seller ~s unable to do so w~thin ten (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes and the Escrow PAGE 2 8 Deposit shall be returned by the Title Company to Purchaser Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey. 3. Seller's ComDliance. Seller shall have performed, ob- served, and complied with all of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing. REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date= i There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, trespassers or other parties. 2. Except for the prior actions of Purchaser, there ~s no pending or threatened condemnation or similar proceeding or assessment or suit, affecting title to the Property, or any part thereof, nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any gover~unental authority. 3. Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof. 4. To the best of the seller's knowledge, there are no toxic or hazardous wastes or materials on or w~th~n the Property. Such toxic or hazardous wastes or materials ~nclude, but are not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery Act (RCRA), as amended, and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as amended CLOSING The closing shall be held at the office of F~rst American Tltle Insurance Company of Texas, 1100 Dallas Dr~ve, Suite 112, Denton, Texas 76205 on or before April 30, 2001, or at such title company, time, date, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the "closing date"). PAGE 3 9 CLOSING REQUIREMENTS i Seller's Requirements. At the closing Seller shall= A Deliver to State of Texas, acting by and through the Texas Transportation Con~nisslon a duly executed and acknowledged Deed in the form as attached hereto as Exhibit ~B" conveying good and marketable title to all of the Property, free and clear of any and all llens, encumbrances, conditions, easements, assessments, and restrictions, except for the following 1. General real estate taxes for the year of closing and subsequent years not yet due and payable; 2. Any exceptions approved by Purchaser pursuant to Purchaser's Obligations here- of; and 3. Any exceptions approved by Purchaser in writing. B. Deliver to Purchaser a Texas Owner's Policy of Title Insurance at Purchaser's sole expense, ~ssued by F~rst American T~tle Insurance Company of Texas, Denton, Texas, {the "Title Company"), or such title company as Seller and Purchaser may mutually agree upon, ~n Purchaser's favor in the full amount of the purchase price, insuring fee simple title for the State of Texas to the Property subject only to those title exceptions listed ~n Closing Requirements hereof, such other exceptions as may be approved =n writing by Purchaser, and the standard printed except=ons contained in the usual form of Texas Owner's Policy of Title Insurance, provided, however= i The boundary and survey exceptions shall be deleted if required by Purchaser and if so required, the costs associated with s~ne shall be borne by Purchaser, 2. The exception as to restrictive cove- nants shall be endorsed "None of Record"; 3. The exception for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable"; and PAGE 4 10 4. The exception as to liens encumbering the Property shall be endorsed '*None of Record". C. Deliver to Purchaser possession of the Property on the day of closing. 2 Purchaser's Requirements Purchaser shall pay the consideration as referenced in the "Purchase Price" section of this contract at Closing in ~mmed~ately available funds 3. Closing Costs Seller shall pay all taxes assessed by any tax collection authority through the date of Closing. All other costs and expenses of closing in cons~umnating the sale and purchase of the Property not specifically allocated herein shall be paid by Purchaser and Seller, except for Seller's attorney fees. REAL ESTATE COMMISSION Seller and Purchaser represent and warrant to each other that neither has retained a broker for this transaction and that there are no broker or real estate fees due as a result of the cons~L~LLation of this contract. BREACH BY SELLER In the event Seller shall fa~l to fully and timely perform any of its obligations hereunder or shall fall to consummate the sale of the Property except Purchaser's default, Purchaser may either enforce specific performance of this Agreement or terminate this Agreement by written notice delivered to seller. BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obl=gations set forth in PURCHASER'S OBLIGATIONS having been satisfied and Purchaser being in default Seller may e~ther enforce specific performance of this Agreement, or terminate this Agreement by written notice delivered to purchaser MISCELLANEOUS 1. Assignment of Agreement This Agreement may be assigned by Purchaser without the express written consent of Seller. PAGE 5 11 2. Survival of Cove~&nts. Any of the representations, war- ranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. 3. Notice. Any notice required or permitted to be delavered hereunder shall be deemed received when sent by United States mail, postage prepaid, certifaed maal, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. 4. Texas Law to ADDle. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable an Denton County, Texas 5. Parties Bound. This Agreement shall be bindang upon and inure to the benefit of the part~es and their respective he,rs, executors, administrators, legal representatives, successors and assigns where permitted by th~s Agreement. 6. Legal Construction. In case any one or more of the pro- vasions contained in this Agreement shall for any reason be held to be invalad, illegal, or unenforceable an any respect, said in- validity, illegality, or unenforceabalaty shall not affect any other provision hereof, and thas Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained here=n 7 Prior Agreements Superseded. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or wratten or oral agreements between the parties respect=ng the within subject matter 8 Time of Essence Time as of the essence in this Agreement. 9 Gender. Words of any gender used an this Agreement shall be held and construed to include any other gender, and words an the singular number shall be held to anclude the plural, and vice versa, unless the context requires otherwise 10. Memorandum of Contract Upon request of e~ther party, both parties shall promptly execute a memorandum of this Agreement suitable for filing of record 11. Compliance. In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that PAGE 6 12 it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. 12. Time Limit. In the event a fully executed copy of this Agreement has not been returned to Purchaser within ten (10) days after Purchaser executes this Agreement and delivers same to Sel- ler, Purchaser shall have the raght to termanate thas Agreement upon written notice to Seller. 13. Effectave Date. The term "Effective Date" means the latter of the dates on which this Contract as signed by either Sellers or Purchaser, as indicated by thear sagnature below. If the last party to execute this Contract faals to complete the date of execution below that party's sagnature, the date the Tatle Company acknowledges receapt of a copy of this fully executed contract is the Effective Date. 14. No Special Assessments The U S 77 Haghway Project for which the Property is being acquired consists of the wadenang of sai~ roadway to a four lane divided concrete thoroughfare (the ~Pro]ect") adjacent to Seller's remainang 9roperty. As additaonal consideration, Purchaser agrees that at will not assess Seller or =ts remaanang property for any of the costs assoca&ted with the Project. 15. Existin~ Driveways The Project w~ll be constructed an such a manner that Seller's existing draveway openan~ or openangs wall remain open at no cost to Seller. PAGE 7 13 IN WITNESS WHEREOF, Seller and Purchaser have executed this contract as follows: SELLER: PURCHASER: CHARLI~ M. CUNNIN~HAM CITY OF DENTON, TEXAS AND JANZS A. CUNNZN AM TRUSTEES OF THE CUNNIN~HAM FAMILY TRUST By: BY: CHARLIE M. CUNNINOHAM, Howard Martmn TRUSTEE Acting Cmty Manager Date 215 E. McKmnney Denton, Texas 76201 By: Date JANIS A.CUNNINGHAM, TRUSTEE Date STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on thms __ day of , 2001 by Howard Martzn, Acting Cmty Manager, of the City of Denton, a munmcipal corporatzon, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Denton, Texas, a municmpal corporatmon, that he was du~y authorized to perform the same by approprmate ordinance of the City Council of the Cmty of Denton and that he executed the same as the act of the said City for purposes and consideration therein expressed, and mn the capacity therein stated Notary Publmc mn and for the State of Texas PAGE 8 14 STATE OF COD'NTY OF This instrument is acknowledged before me, on this day of , 2001 by CHARLIE MELVIN CUNNINGHAM AND JANIS CUNNIN~HAM. Notary Public in and for the State of TITLE COMPANY ACCEPTANCE AND ACKNOWLEDGEMENT The T~tle Company acknowledges receipt of the fully executed Contract on __ day of , 2001. TITLE COMPANY: N~une: First American Title Insurance of Texas Address: 1100 Dallas Drive, Suite 112 Denton, Texas 76205 Telephone~ 940-383-2357 By: Printed Name: Title: PAGE 9 15 EXHIBIT "A" County Denton Page 1 of 1 Parcel 2...~7 D-15~ H~ghway U.S 77 Rewsed June 11, 1999 Project Um~te from ,!.H 35 to U S 380 CSJ: 0195-02. Acdount FIELD NOTES FOR PARCEL 2..Z7 BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO CHARLIE MELVIN CUNNINGHAM AND WIFE, JANIS CUNNINGHAM RECORDED IN VOLUME 632, PAGE 217, DEED RECORDS OF DENTON COUNTY, TEXAS {DRDCT), AND BEING SITUATED IN THE N H MEISENHEIMER SURVEY, ABSTRACT NO 810, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING at a found 1/2-~nch iron rod for the most westerly corner of sa~d Cunn~ngham tract, same being the most the moat southerly corner of the second tract of land conveyed to Dawd A Coggm, Trustee, as recorded in Volume 2614, Page 845, DRDCT, and sa~d point being on the ex,sting north nght of way hne of Rmey Road, THENCE N 48°11'52' E, along the common proper~ hne of sa~d Cunmngham tract and sa~d Coggln tract two, a d~stance of 98 51 feet to a set B/B-inch ~ron rod w~th an aluminum cap, on the new south right of way hne of U S 77 for the POINT OF BEGINNING, {1) THENCE N 48°11'52" E, oontmuing along same common hne, a d~stance of 27 90 feet to a found 5/8-tach ~ron rod for the most northerly corner of sa~d Cunn~ngham tract and the most easterly corner of sa~d Coggm tract, and being on the ex~st~ng south nght of way line of U S 77, (2) THENCE S 58012'46" E , along a line common to said Cunnmgham tract one and the existing south nght of way line of sa~d U S 77, a distance of 90 07 feet to a found 1/2 inch iron rod for the most easterly corner of sa~d Cunnmgham, same being the most northerly corner of the first tract of land descnbed ~n the ~nstrument to Dawd A Coggm, Trustee, m the aforementioned Volume 2614, Page 845, {3) THENCE S 48000'55" W, along a line common to sa~d Cunnlngham tract and sa~d Coggin tract one, a distance of 27 91 feet to a set 5/8-~nch ~ron rod'w~th an aluminum cap on the new south right of way hne of U S 77, (4) THENCE N 58°1 I'36' W, along the new south nght of way hne of U S 77, a dmtance of 90 15 feet to the POINT OF BEGINNING, and containing 0 055 acres of land, or 2,413 square feet of land, more or less B Glenn Cro~l~,-I~ P L S - - Texas Registration No 5255 FND 2450 REV 16 ?exa~ Dep~ment of Tnv~por~on Form D-15-14 Paae ! of 3 Rev 9/91 DEED TIlE STATE OF COUI'CI'Y OF ,,, } KNOW ALL MEN BY THESE PRESENTS That, of the County of , State of Texas, hereinafter referred to as Grantors, whether one or more, for and m conslderatlun of thc sum of · Dollars ($. ) to Grantors m. ha~. d p. tnd ,by th~. State. o.f Texas, acting by and through the Texas Transponatlon Corrmussmn, feces, pt of wmcn ts nerevy ac.~now~eaged, and for wluch no hen ~s retained, either expressed or m'tphed, have this day Sold and by these,presents do Grant, Bargain, Sell and Convey unto the State of Texas all that certain tract or parcel of land m. County, Texas, more pm'ncularly dascnbed m htbtt "A," which ~s attached hereto and incorporated berem for any and all p'urposes SAVE and EXCEPT, HOWEVER, It ts expressly understood and agreed that Grantors are retaining nile to the following trnprovernants located on the property dascnbed m stnd F_zdub~t "A," to wu Grantors covenant and agree to remove the abovc..dcscnbed unpmvements from stnd land by the. day of ,19.. , subject, however, to such extensmns of ttrne as may be granted by the State m writing, and fi, for any reason, Grantors ftnl or refuse to remove same w~thm smd period of ttme prescribed, then, wuhout any further cons~derauon, the t~fle to afl or any part of such unprovements not so removed shaft pass to and vest tn the State of Texas forever Grantors reserve afl of the off, gas and sulphur m and under the land hereto conveyed but wtnve afl rights of regress and egress to the surface thereof for the purpose of explonng, developing, mmmg or dr~lbug for same, however, notlung m tlus reservatmn shall affect the t~fle and rights of the State to take and use afl other minerals and materials thereon, thereto and thereunder 17 Texas D'smaent of Trsa~pomtion Form D-15-14 Pago2of3 Rev. 9~1 TO ~ ~ TO HOLD ~e ~ h~ ~d ~d he~ conveyed together wi~ ~ ~d ~m~.~ts ~d ~en~ ~to m ~y whe ~lon~g ~to ~ ~m ofT~ ~d ~ ~sl~ xo~ve~ .~a ~to~ do h~by b~d om~v~, o~ ~, ~c~to~, ~ato~, successo~ ~d ~- ~e~ to ~t ~d Foyer Dd~d ~ ~d s~ ~e s~ ~es h~ conveyed ~to ~e Sine of x~ ~a l~ ~sl~ ag~t ev~ ~on who~v~ h~y ~ or to ~ ~e s~e or ~y p~ ~creof ~ ~SS ~OF, ~ ~ent h ~e~ted on this ~e day of ,19 ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF BB.FORB ~ the underaigned, a Nota.,y Pubhc, on this day personally a~eared , known to me (or proved to me on the oaih of , a c~ble vamess,) tO be the person(s) whose name(s) ~s (are) ;ubscnbed to the foregoing m.smuneot aud ~'lmowledged to me thai he/she/~hey execu~t the same for the purposes aud com~deraflon them/n expressed GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of ,19 Not~ry Pubhc, Sta~e of My Comnuss:co ~ co the day of ,19 CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF } BEFORE ~ the undemgned, a Notary Pubhc, on th~ day person~t~y appea~ed of , known tO me to be thelperson and officer whose ~me ,~ subscribed to the foregoing msmunent and acknowledged to me thai the same was the act,of the said , a corporation, that he/she was duly authorized to pedorm the same by appmpnale re~uluuoo of the boazd ofdu~cto~ of such corpor~on a~d that be/she executed the same as ene aci of such corporation for the perpese~ and cons~deraUon thereto expressed, and in the capacity thereto stated. GI'V/..~ UI,,rDF~ MY HAND AND SEAL OF OFFIC~ Not~y Pubhc, Sta~e of Tcxa,~ My Comm;'sion exphv~ on the , day of ,19 18 Pom~ D-I~.I4 { , AFter re cordfng please re~urn ~fs ~strument to: Y CERTIFICATE OF RECORDING THE STA'rE OF TEX~S, CouN3~ OF ) 19 AGENDA INFORMATION SHEET AGENDA DATE' April 17, 2001 DEPARTMENT. Englneenng CM/DCM/ACM: Dave Hill, 349-8314 SUBJECT Consider adoption of an ordinance approving a real estate contract between the City of Denton and Gertrude Helen G~bson, Individually and as Independent Executrix of the Estate of Donald Edwin G~bson relating to the purchase of approximately 0 421 acre of land being located m the B B B & C R R Survey, Abstract No 186 &Denton County, Texas for the U S Highway 77 Project, w~th title vesting m the State of Texas, anthorlzmg the expenditure of funds therefor, and prowdmg an effective date (Parcel 31) BACKGROUND At the October 17, 2000 C~ty Council meetmg Ordinance No 2000-400 was approved authorizing a final offer to be made to the property owner, Ms Gertrude Helen Gibson, Indlwdually and as Independent Executrix of the Estate of Donald Edwin Gibson for Parcel 36 U S Highway 77 Project, prior to the C~ty Attorney fihng condemnation action to acqmre the needed r~ght-of-way Upon further negot~atlons with Mr Charles J Wm~kates, attorney for Ms Gibson, she has agreed to accept the final settlement offer of $10,400 00 Th~s amount represents the offer of $1,236 00 (fair market value as per our appraiser) and additional conslderat~on of $9,164 00 Also, as a condition of the transaction, Ms G~bson requests that we, City of Denton, reestabhsh her existing 4 foot cham hnk fence to the new right-of-way hne (her new property line) The transaction costs of condemmng the subject tract would exceed the additional consideration amount It is anticipated that the Special Commissioner fees, fihng fees, updated apprmsal costs and expert w~tness fees would eclipse the additional consideration Also, the award amount for the tract would be unknown Engineering Department and Legal Department resources would also be expended in preparation and facthtation of the condemnation process OPTIONS 1 Approve real estate contract, or 2 Acquire right-of-way through eminent domain proceedings RECOMMENDATION Staff recommends approval of the real estate contract between the City of Denton and Gertrude Helen Gibson, Indtwdually and as Independent Executrix of the Estate of Donald Edwin Gibson for the purchase of 0 026 acres of land for right of way for U S Hwy 77 Wldemng Project ESTIMATED PROJECT SCHEDULE June, 2001 PRIOR ACTION/REVIEW July 23, 1997 - Planning & Zomng Commission recommended ProJect right-of-way acquisition October 17, 2000 - City Council approved Ordinance No 2000-398 authorizing condemnation March 27, 2001 - City Council was briefed on status of negotiations FISCAL INFORMATION The total price breaks down as follows 0 026 acre (1,141 square feet) x $1 00 per square foot ($43,560 00 per acre) equals $1,141 00 and Improvements value (driveway, fencing and ornamental landscaping) equals $95 00 and $9,164 00 as additional consideration equals the total purchase price 4 foot chain lank fence relocation cost ~s estimated to be $1,200 00 Closing costs are estimated to be approximately $500 00 ATTACHMENTS ~ Location map ~ Sxte Map ~ Planmng & Zoning Commission minutes July 23, 1997 ~ Draft Ordinance ~ Real Estate Contract Prepared By Paul Willian~son Real Estate & Capital Support Manager Respectfully submitted Acting Director Eng~neermg Department 2 DONALD EDWIN GIBSON & WIFE, GERTRUDE GIBSON VOL. PG. 11~-1 S.F. OR 0.026 AC. REM.- 0.596 AC. Scale 1" = 40' I SITE MAP 4 Pl~ni,~g and Zoning Minutes luly 2.~, 1997 Page 2 Ms. Scherlz: Are there any other nom~,~=tions? Ii'there are none, nomi-,fions arc closed. We will vote on the nom~ne~ hi file order of their nomln~tlon. I will list their name and then after I am,fltrough if you will rahe your fight ?~..d if you are in favor. As many as are in favor of lira F. agelbrecht please raise your right h~,~d. (Vote - 3) As m~,~y as are hi favor of Ellen Schertz please raise your right h~nd (Vote - 4) The new Cl~ir per, on by r,,jority is Ellen Schertz. Thank you. For the second nominee we will be electing Vice-Chair person The floor Ls open. Ms. Apple I would like to nominate Rob Poweil. MS. Schertz: Are there any further nominations? Mr. Moreno. I would nominate ~un F.,ngelbrecht. Ms. Scheriz' Are there any further nomln~tlonsV Seeing none, nominations are closed As many as arc m favor of Bob Powell, please raise your right h~d (Vote - 4) Seeing there is a majority, the new V~ce-Cha~r person will bc Bob Powcll Congratulations HI Consider approval of the minutes of thc July 9, 1997 meeting Ms. Scherlz: Are there any corrections? Seeing none, the rnmut~s will stand approved as written rv. Consider making recommendation to the City Council for the acqu~s~uon of the Right-of- Wa}, for U S 377 from F M 2164 to 1-35 Mr. Powell' That's not 377 but is 77 Ms Schertz: You are correct Let the mlnutas reflect that Mr. Powell I would move that we recommend to the C~ty Council the acc/umtion of lhght-of-Wa¥ for US 77 from FM 2164 to 1-35 Ms G .a~zer. Second Ms Schertz. Is ther~ an}, discussion? Ail h~ favor, please ra~e your right hand Motion pa sas. (7-0) V. Cousider r~king r~comr~endation to the C~ty Council for the acqu,~tlon of the Right-of- Way for Lakeview Boulevard Mr.,Powell: I move that we make recommendation to the C~ty Cotmcti for the acquisition of file Right.f-Way for I~eview Boulevard JVlr. En~elbrecht: 5 ORDINANCE NO AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND GERTRUDE HELEN GIBSON INDIVIDUALLY AND AS INDEPENDENT EXECUTRIX OF THE ESTATE OF DONALD EDWIN GIBSON RELATING TO THE PURCHASE OF APPROXIMATELY 0 026 ACRES OF LAND BEING LOCATED 1N THE N H MEISENHEIMER, ABSTRACT NO 810 OF DENTON COUNTY, TEXAS FOR THE US HIGHWAY 77 PROJECT, WITH TITLE VESTING IN THE STATE OF TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (PARCEL 31) THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The City Manager is hereby authorized to execute a Real Estate Contract between the City of Denton and Gertrude Helen Gibson Individually and as Independent Executrix of the Estate of Donald Edwin Gibson m substantially the form of the Real Estate Contract winch is attached to and made a part of tins ordinance for all purposes, for the purchase of approxnnately 0 026 acres of land for the U S Highway 77 Project, with title vesting in the State of Texas SECTION 2 The City Manager is authorized to make the expenditures as set forth in the attached Real Estate Contract SECTION 3 Tins or&nance shall become effecnve immediately upon its passage and approval PASSED AND APPROVED tins the day of _, 2001 EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM B Y REAL ESTATE CONTP. ACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and GERTRUTE HELEN GIBSON INDIVIDUALLY AND AS INDEPENDENT EXECUTRIX OF THE ESTATE OF DONALD EDWIN aIBSON (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser"), upon the terms and conditions set forth herein. PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land described in Exhibit "A" attached with all rights and appurtenances pertaining to the sa~d property, Including any right, title and interest of Seller in and to adjacent streets, alleys or raghts-of-way (all of such real prop- erty, rights, and appurtenances beang hereinafter referred to as the "Property"), together wath any amprovements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisaons, and conditions hereinafter set forth Seller shall pay all cost for the removal, installation, construction, reanstallation, reconstructaon, labor and materaals for any and/or amprovements located within the property described an Exhabit "A" Any improvements not removed by Apral 30, 2001 shall become property of the City of Denton, Texas. PURCHASE PRICE 1. Amount of Purchase Price. The total purchase price for the Property shall be the sum of $10,400.00 (the "Purchase Price"). The Property as being acquired by Purchaser to be used by the State of Texas as right-of-way for the widening of U S. Highway 77. The Purchase Price represents settlement of any and all claims, causes of action and damages that Seller may have against Purchaser and the State of Texas as a result of the acquisition of the Property including damages for the Property itself and any damages to Seller's remaining property. 2. Payment of Purchase Price. The full amount of the Purchase Price shall be payable in cash at the closing. DISK PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to cons~umnate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing. 1. Preliminary Title Report. Within twenty (20) days after the date hereof, Seller, at Purchaser's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue & owner's policy co~nitment (the .Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Commitment that the condition of title as set forth in the Commitment ~s or is not satisfactory. In the event Purchaser states the condition of title is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposes~ otherwise, th=s condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. 2. Survey. Purchaser may, at Purchaser's sole cost and expense, obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of- way on or adjacent to the Property, ~f any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the nu~aber of total acres comprising the Property, together with a metes and bounds description thereof. Purchaser will have ten (10) days after receipt of the survey to review and approve the survey. In the event the survey is unacceptable, then Purchaser shall within the ten (10) day period, give Seller written notice of this fact. Seller shall, at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes and the Escrow PAGE 2 8 Deposit shall be returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey 3. Seller's Compliance. Seller shall have performed, ob- served, and complied with all of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing. REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing dates 1. There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, trespassers or other parties. 2. Except for the prior actions of Purchaser, there 1s no pending or threatened condemnation or similar proceeding or assessment or suit, affecting title to the Property, or any part thereof, nor to the best knowledge and belief of Seller ~s any such proceeding or assessment contemplated by any governmental authority. 3 Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restr~ctlons relating to the Property, or any part thereof 4. To the best of the seller's knowledge, there are no toxic or hazardous wastes or materials on or w~thin the Property Such toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery Act (RCRA), as amended, and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as amended. CLOSINa The closing shall be held at the office of F~rst American Title Insurance Company of Texas, 1100 Dallas Drive, Suite 112, Denton, Texas 76205 on or before April 30, 2001, or at such title company, time, date, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the .,closing date"). PAGE 3 9 CLOSING REQUIREMENTS 1. Seller's Requirements. At the closing Seller shall~ A. Deliver to State of Texas, acting by and through the Texas Transportation Commission a duly executed and acknowledged Deed in the form as attached hereto as Exhibit ~E" conveying good and marketable title to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: 1. General real estate taxes for the year of closing and subsequent years not yet due and payable~ 2 Any exceptions approved by Purchaser pursuant to Purchaser's Obliqations here- of, and 3 Any exceptions approved by Purchaser in writing. B. Deliver to Purchaser a Texas Owner's Policy of Tatle Insurance at Purchaser's sole expense, issued by First American Title Insurance Company of Texas, Denton, Texas, (the "Title Company"), or such tatle company as Seller and Purchaser may mutually agree upon, an Purchaser's favor an the full amount of the purchase prmce, insuring fee simple title for the State of Texas to the Property subject only to those title exceptaons lasted an Closxng Requirements hereof, such other exceptaons as May be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Policy of T~tle Insurance, provaded, however: 1. The boundary and survey exceptaons shall be deleted if requared by Purchaser and if so required, the costs associated with same shall be borne by Purchaser~ 2. The exception as to restrictive cove- nants shall be endorsed "None of Record"; The exception for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable"~ and PAGE 4 l0 4. The exception as to liens encumbering the Property shall be endorsed "None of Record". C. Deliver to Purchaser possession of the Property on the day of closing. 2. Purchaser,s Re.quirements. Purchaser shall pay the consideration as referenced in the "Purchase Price" section of this contract at Closing in immediately available funds. 3. Closing Costs. Seller shall pay all taxes assessed by any tax collection authority through the date of Closing All other costs and expenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be paid by Purchaser and Seller, except for Seller's attorney fees. REAL ESTATE COMMISSION Seller and Purchaser represent and warrant to each other that neither has retained a broker for th~s transaction and that there are no broker or real estate fees due as a result of the consummation of this contract BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fa=l to consummate the sale of the Property except Purchaser's default, Purchaser may either enforce specific performance of th~s Agreement or terminate this Agreement by written notice delivered to seller. BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in PURCHASER'S OBLIGATIONS hav~ng been satisfied and Purchaser being in default Seller may either enforce specific performance of this Agreement, or terminate this Agreement by written notice delivered to purchaser MISCELLANEOUS 1. Assignment of Agreement. This Agreement may be assigned by Purchaser without the express written consent of Seller. PAGE 5 11 2. Survival of Covenants. Any of the representations, war- ranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time £o110wing . the closing of the transactions contemplated herebylsha11 survive the closing and shall not be merged therein. 3. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. 4. Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement 6. Legal Construction In case any one or more of the pro- visions contained in this Agreement shall for any reason be held to be invalid, =1legal, or unenforceable in any resgect, said in- validity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provms=on had never been contained herein. 7 Prior Agreements Superseded This Agreement constitutes the sole and only a~reement of the parties and supersedes any prior understandings or wrmtten or oral agreements between the parties respecting the within subject matter. 8. Time of Essence. Time ms of the essence mn this Agreement. 9. Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular num~ber shall be held to include the plural, and vice versa, unless the context requires otherwise. 10. MemorandLun of Contract. Upon request of either party, both parties shall promptly execute a memorandum of this Agreement suitable for filing of record 11. Compliance. In accordance with the requirements of the PAGE 6 12 Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. 12. Time Limit. In the event a fully executed copy of this Agreement has not been returned to Purchaser w~thin ten (10) days after Purchaser executes this Agreement and delivers same to Sel- ler, Purchaser shall have the right to terminate this Agreement upon written notice to Seller. 13. Effective Date. The term ~Effective Date" means the latter of the dates on which this Contract Ks signed by either Sellers or Purchaser, as indicated by their signature below If the last party to execute this Contract fails to complete the date of execution below that party's signature, the date the Title Company acknowledges receipt of a copy of th~s fully executed contract is the Effective Date. 14. No Special Assessments The U S 77 Haghway Pro]ect for which the Property is being acquared consists of the widening of said roadway to a four lane divided concrete thoroughfare (the ~ProJect") adjacent to Seller's remamning property. As additional consideration, Purchaser agrees that at will not assess Seller or its remamning property for any of the costs assoc=ated with the Project. 15. Existin~ Driveways. The Pro]ect wall be constructed in such a manner that Seller's existang draveway openang or openangs wall remain open at no cost to Seller 16. Exietin~ Fencing. Purchaser shall relocate exxsting 4' chain link fence currently situated along existang frontage property line to the new U.S Haghway 77 raght-of-way line at Purchaser's sole cost and expense Purchaser shall have fence relocated within 90 days after closmng date Purchaser may, at its discretion, deposit with the Title Company the dollar amount stipulated by Purchaser's fence contractor for fence relocataon payment. The fence relocatxon funds are to be released by the Title Company to the fence contractor upon the sole authormzation by the Purchaser. PAGE 7 13 IN WITNESS WHEREOF, Seller and Purchaser have executed this contract as follows: PURCHASER: SELLERs GERTRUTE HELEN GIBSON INDIVIDUALLY AND AS INDEPENDENT EXECUTRIX OF THE ESTATE OF DONALD EDWIN GIBSON By: BY: GERTRUTE ~ELEN GIBSON Howard Martin Acting City Manager 215 E. McKlnney Denton, Texas 76201 Date STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this __ day of , 2001 by Howard Martmn, Actmng Cmty Manager, of the City of Denton, a munmcipal corporation, known to me to be the person and officer whose name is subscribed to the foregomng instrument and acknowledged to me that the same was the act of the said City of Denton, Texas, a munmcipal corporation, that he was duly authorized to perform the same by appropriate ordinance of the City Council of the Cmty of Denton and that he executed the same as the act of the samd City for purposes and consmderation therezn expressed, and an the capacmty thereln stated. Notary Publmc mn and for the State of Texas STATE OF COUNTY OF Thms instrument is acknowledged before me, on thms day of , 2001 by GERTRUTE HELEN GIBSON INDIVIDUALLY AND AS INDEPENDENT EXECUTRIX OF THE ESTATE OF DONALD EDWIN GIBSON. Notary Public in and for the State of PAGE 8 14 TITLE COMPANY ACCEPTANCE AND ACKNOWLEDGEMENT The Title Company acknowledges receipt of the fully executed Contract on __ day of , 2001. TITLE COMPANY s Names First American Title Insurance of Texas Addresss 1100 Dallas Drive, Suite 112 Denton, Texas 76205 Telephones 940-383-235? Printed Na/nes Titles PAGE 9 15 EXHIBIT 'A' Counw Denton Page 1 of 1 Highway U.S. 77 Project Umlta: From I.H. 35 Rev. October 27, 1994 To U.S. 380 csJ. Account' FIELD NOTES FOR PARCEL 31 BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED 3'O DONALD EDWIN GIBSON AND WIFE, GERTRUDE IGIBSON, RECORDED IN VOLUME 524, PAGE 602, DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT}. AND BEING SITUATED IN THE N H. MEISENHEIMER SURVEY, ABSTRACT NO. 810, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING fo~ reference at a found fence corner post at the northwest corner of sa~d O~bscn Tract and the northeast corner of a 0.688-acre tract of land conveyed to Chipmg Lee and wife, Pay Bevy Lee, as recorded m Volume 1345, Page 920, DRDCT; THENCE S 01 o 14' 08' W, along the west property line of aa~d G~bson tract and east property line of said Lee tract, a d~stanca of 198.20 feet to a E/8-inch Iron rod with an aluminum cap set for the POINT OF BEGINNING, aa~d po.hr being on the new north right of way line of U S. 77 and being on a non-tangent circular curve to the left having a radius of 2804.79 feet, (1 } THENCE southeasterly, along the new right of way hne of U.S 77 and said curve to ~he left, through a delta angle of 03 · 05' 33', an arc distance of 151.39 feet, and hawng a chord which bears S 54° :30' 43' E, a distance of 151.37 feet to a sat 8/8-1nch iron rod with an alummum ca~, said point being on the east llne of said Gibson tract and west line of a tract of land conveyed to EIo~se T. Lehman, recorded in Volume 1569, Page 845, DRDCT, (2) THENCE S 01 o 04' 56" W, along a line common to said Gibson tract and said Lehman tract, a distance of 3.80 feet to a found 1/2-ach iron rod for the southeast comer of said G~bson tract, same being the southwest comer of said Lehman tract, and said polct being on the e~sang north right of way line of U.S. 77° THENCE N 58° 32' 05" W, along a line common to sa~d Gibson tract end e~sang north right of way hne of said U.S 77, a distance of 144.82 feet to a found 112-ach iron rod for the eouffiwest comer of said Gibson tract, same being the southeast corner of said Ina tract, (4) THENCE N 01 o 14' 06" E, along a hne common to sa~d Gibson trac~ and sa~d Lee ~ract, a d~stance of 116.09 feet to the POINT OF BEGINNING, and contammg 0 026 acre, or 1,141 square feet of land, more or less - ~ JOHN F WILDER John F Wilder, R.P.L.S. ~*~'**'**'°"°***'**'".*"v~ DaTe Texas No 4285 ~,'Y~,.'~n~/-oo Tex~s Depa.,m~ent of Tmupo~on EX,]:BIT "B" Nonu D-15-14 P~s~lof~ R~v 9/91 DEED TIlE STAT~ OF TEXAS } ~ COUNTY OF } KNOW ALL MEN BY THESE PRESENTS: That, of the County of , State of Texas, hereroafler referred to as Grantors, whether one or more, for and ro conslderauon oft. he sum of Dollars ($. ) to Grantors wmtuhacn, d 10.md .by the State of Texas, acting by and through the Texas Tramportauon Counmss~on, receipt of cn ts nereuy acknowledged, and for wtuch no hen ts retained, exther expressed or ~mphed, have tim day Sold and by these presents do Grant, Bargain, Sell and Convey unto the State of Texas all that certain tract or paxcel of land m County, Texas, roore pamcularly destmbed ro Ex- lubit "A," wluch ts a.ached hereto and incorporated hereto for any and all purposes SAVE and EXCEPT. HOWEVER, it ts expressly understood and agreed that Grantors are retaining nile to the following improvements located on the property described m smd ExluMt "A," to wit Grantors covenant and agree to remove the abovc-<iescnbed unproveroents from smd land by the day of ,19. , subject, however, to such extensions ofume as may be granted by the State ro wntrog, and fi, for any reason, Grantors fad or refuse to remove same within smd period of t~ne prescribed, then, without any further consideranon, the title to all or any part of such unprovemems not so removed shall pass to and vest m the State of Texas forever Grantors reserve all of the off, gas and sulphur ro and under the land hereto conveyed but waive all lights of rogress and egress to the surface the,reo-f for the purpose of exploring, developrog, mmmg or dv. lhng for same, however, nothing m th.ts reservatton shall affect the t~fle and r~ghts of the State to take and use all other minerals and materials thereon, thereto and thereunder '17 ACKNOWLEDGMENT THE STATE OF TEXAS, } COUNTY OF } BEFORE M~ tho undemlgned, a Notary Pubhc, on ~ day pel'~o-~'y appeared , k~own to me (or proved to me on the oath of , a credible vamess,) lo be the per,on(s) whose name(s) ts (a~) subsmbed to the fo~gomg imtrume~ aud ,~'~'-owledged to me that hdshe/t~ey executed the same for t~e purposes a~d co~tderation thereto expms~d GIVEN UNDF. R MY HAND AND SEAL OF OFFICE, this da), of ,19 Notary Pubhc, Stale of Texa~ My Cotmmsnon ~ on ~o day o~ ,19 CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS, } COI_rNTY OF. } BEFORE ~ the undersigned, a Notary Pubhc, on thts day pe~o..Ily appea~d of , known to me to be the person and officer whose name ts sub~nbed to ~he foregoing mswament and admowledged to me ~ the same was ,he act of the sa~d , a corporauon, that he/she waz duly authorized W perform the same by appropriate resoluuon of the boani of threctors of such co~oranon and th~ b~/she executed thel same as the act of such corporation for the l~Upu,se~ and cons~deranon thereto expt~l, and in the capacuty thereto OIV/~2q, UNDBP, MY HAND A.ND SEAL 0F OFF/C~!, thts d,,y of , i~ Hots~y Pubhc, Sial~ of T~xa~ My Co.~m!',sion exph~ on the. ,. day of ,19 18 Texas Depm'tment of T~as'pomuton Norm Pase3of3 Roy. 9/91 After recording please return this Instrument to: CERTEFICATE OF RECORDING THE STATE OF TEXAS, } COUNTY OF } ' Agenda Item~ AGENDA INFORMATION SHEET r)ate__ (-///~7,/O/ _ AGENDA DATE: April 17, 2001 DEPARTMENT' Engineering ACM: David Hill, Development Services 349-8314 SUBJECT: Consader adoption of an ordinance authorizing the Mayor to execute an amendment to an Interlocal Cooperation Agreement for road ¢onstructaon for Lakev]ew Boulevard between the City of Denton and Denton County, Texas, allowing payment of overage expenses by County, and provad]ng an effective date BACKGROUND: Denton County approved funds for the constmctaon of Lakev]ew Boulevard ms]de the City of Denton m January 1999 Good Roads Program The agreement allowed the Cay of Denton to let the contract and respect the work to insure at met City of Denton standards Denton County agreed to reimburse all project expenses Adm~mstratlve functmns performed by the City of Denton were not covered The original agreement dad not cover the expense of construction and matermls'testmg In addition, the cost of the construction exceeded the amount specified m the original agreement RECOMENDATION Staff recommends adoptmn of the ordinance PRIOR ACTION/REVIEW (Coun¢il~ Boards~ Commlssmns) N/A FISCAL INFORMATION This amendment would ancrease the amount of the original agreement and reimbursement to the City of Danton by $10,569 46 All construction and testing costs reimbursable by Denton County ATTACHMENTS 1 Ordaoance and Amendment #1 to the Interlocal Agreement between Denton County and The C~ty,of Denton for Lakev]ew B lvd 2 Ordinance and onganal Inteflocal Agreement -1- Dawd Salmon, Interim D~rector Englneenng Department ATTACHMENT ORDINANCE NO AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO AN INTERLOCAL COOPERATION AGREEMENT FOR ROAD CONSTRUCTION FOR LAKEVIEW BOULEVARD BETWEEN THE CITY OF DENTON AND DENTON COUNTY, TEXAS, ALLOWING PAYMENT OF OVERAGE EXPENSES BY COUNTY, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the e~ty council approved by Ordinance 2000-54 the execution of an ~nterlocal agreement w~th the County of Danton, Texas for road construeUon for Lakewew Boulevard, and WHEREAS, the road eonstrueUon had overage expenses, thereby, necessitating an amendment to the agreement for payment by the County, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The Mayor or m her absence the mayor pro-rem ~s authorized to execute an amendment to the Interlocal Cooperation Agreement for Road Construction for Lakewew Boulevard between the Cxty of Denton and Denton County, Texas under the terms and conchtlons contained w~tban th~s Amendment, which ~s attached hereto and made a part hereof SECTION 2 That fins ordinance shall become effecUve ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED thxs the day of ~ 2001 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY THE STATE OF TEXAS COUNTY OF DENTON AMENDMENT NO 1 TO THE INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY, TEXAS AND THE CIYT OF DENTON FOR LAKEVIEW BLVD THIS AMENDMENT ~s made and entered ~nto on the date upon which all part, es s~gned tins document, by and between Denton County, Texas, a corporate and pohtlcal body under the laws of the State of Texas, hereinafter referred to as "County" and the C~ty of Denton, Texas, a poht~cal subdlws~on of the State of Texas, hereinafter referred to as "C~ty" to amend the Interlocal Cooperation Agreement entered ~nto between the parties on February 15, 2000, ("ICA") for purposes of the construction of amprovements, to Lakewew Blvd, therem referred to as the "PROJECT", and defined the ICA WHEREAS, under the ICA, the CITY has the obhgatlon to provide all project inspections and approve all payments, ~ncludmg requested funding from the COUNTY and complete the construction of the project, and WHEREAS, under the ICA, the COUNTY agreed to pay to the CITY an amount not to exceed $798,106 00 for the construction costs of the Project, and WHEREAS, the COUNTY has made all payments required to be prod under the ICA, and WHEREAS, the ProJect experienced overages an the construction costs which totaled $10,569 49, and Amendment to ICA for Lakcwew Boulevard 1 4 NOW, THEREFORE, COUNTY AND CITY, for the mutual consideration hereinafter stated, agree and understand as follows A new Section XIII shall be added which reads as follows XIII The COUNTY hereby agrees to reimburse the CITY the addatlonal amount of $10,569 46 for the overage expenses related to the completion of the ProJect as itemized on exl~b~t "A" All payments shall be from current revenues available to the paying party All other terms and conditions of the ICA are hereby affirmed by the parties EXECUTED in dupheate originals COUNTY CITY Denton County, Texas City of Denton, Texas 110 West H~¢kory 215 East McYdnney Street Denton, Texas 76201 Denton, Texas 76201 By By Hun Scott Armey Hon Euhne Brock Denton County Judge Mayor, City of Denton Date Date Acting on behalf of and by Acting on behalf of and by authority of the Commissioners authority of the City Court of Denton County, Texas Council of Denton, Texas AtteSt Attest BY BY Cynthia Mitchell Jenmfer Walters Denton County Clerk City Secretary Amendment to ICA for Lakev~ew Boulevard 2 5 Approved as to content APPROVED AS TO FORM Herbert L Prouty C~ty Attorney BY Kelly Zwmggl, By ~...C~..~ f~ D~rector of Pubhc Works APPROVED AS TO FORM: By Robert Schell Asmstant D~stnct Attorney AUDITOR'S CERTIFICATE I hereby certify that pursuant to Commissioners Court order # , funds will be avmlable m the mount Ten Thousand F~ve Hundred S~xty Nme and 49/100 ($ 10,569 49) dollars to aecomphsh and pay the obhgat~on of Denton County, Texas under th~s Agreement James Wells, County Auditor Amendment to ICA for Lakewew Boulevard 3 6 TO Innovative Transportation Solutions, Inc 2309 Sprlnglake Suite 630 Dallas, Texas 75234 Attn John R Polster Lakev~ew Boulevard Paving and Drainage Bid #2455 ACCOUNT DUE UPON RECEIPT PLEASE RETURN THIS INVOICE WITH PAYMENT AMOUNT Lakewew Boulevard Paving and Drainage Overview Value $8,324 46 Alhance Geotechnlcal Group invoice # C00-0401-185 dated 06/26/00 Professional services for m~scellaneous testing $770 00 Alliance Geotechmcal Group invoice # C00-0401-265 dated 08/22/00 Professional services for m~scellaneous testing Sl 475 O0 Total $10,569 46 Attenbon Greg Blackstone Supervisor of Engineering Techs Inspecbons NOU-14-2000 14 46 ENG ~ TRANS 940 349 8~76 P 03 EXHIBIT Eng~neering Transportation To Joh~ Polater, lnnovaave Transpor~alton From Orcg Blackstone, Engineering Tach IYlmpect~ons Date October 3 t, 2000 Re Lakewew Boulevard Paving and Drainage "ffEM# I ITEM OVERAGES REDUCTIONS CONTRACT AMT $798 106 O0 2 12 3 A 18" class III storm sewer $3,968 00 3 0-C Remove re~nforced conc P~pe $600 O0 ' '- 39 , SOd $33000 5 7-A Type A asphalt $5,975 11 5 7-B Typo D asphalt $3 256 O0 5 8 Concrete Pavement $7,100 00 '7 6-A-6 ~' inlet $2,000 O0 7 6 A-9 ~1'¥pe C haadwal~ $1,500 O0 8 3__-.A Concrete dnveway $1,149 75 8 3 B Concrete walks and ramps $3,708 00 B 3 C Stamped/Colored concrete $4,633 60 I TOTAL $21,222 46 S12,898 00 $806,430 46 I REVISED TOTAL $8,324 46 lagoe Public has subrmtted peno&cal estimate number 7 for payment .lagoe has also subtmtled a final esUmate that reflects the same total quant~ues as estimate number seven to re~over the retamage The above ~s an overview of the changes to the esnmated quantmes In the ovemew the fina/quannues are over the ongmal est~mate by $8,324 46 or 1 0~3% Th~smakestherev~sedtotaloftheLakev~ew Boulevard Project $806,430 46 Please.~ivtse ti you need 6ather mformatmn GregtBl,~l~stone Supervisor of Engmeenng T¢chs ~Dedicated 1o Quahty Serv/c~ NOu-14-2000 14 4,7 EI',IG ~- TRRN$ ~J40 349 B3,7G P 04 ~ ~elu Ne r~ ~treet, Suite 202 DEIles Texas 75220 TO C~ty of Denton C~ty Hall West 221 N Elm Denton Texas 76201 A3'rN Mr Greg Blackstone $770 00 Fax 940.349-8376 Phn 940-349-8358 PROJECT Lakewew Blvd - Denton. Texas I co0 0401 185 PROJECT NUMBER C00-0401 PURCHASE ORDER # 6223 PLEASE INCLUOE REMITTANCE PROFESSIONAL SERVICE8 FOR THE PERIOD FROM 31Z3100 ~O e4122100 COPY WITH PAYMENT REPORT ~ TECH DATE DESCRIPTION QTY UNIT UNIT PRICE TOTAL 5 SR 6/7 In Place Densities 10 ea $20 00 $ 200 00 Technician T~me 4 hfs $32 50 $ ! 30 00 Transportation Charge 1 Ir $20 00 $ 20 00 7 6/5 Cylinders by C~ty Inspector 8 aa $12 50 $ 100 00 Set # 1 and # BP 6/6 Cyhnder P~ck Up T~me 2 hfs $32 50 $ 65 00 Transportation Charge 1 tr $20 00 $ 20 00 8 6/7 Cyhnder$ by C~ty inspector 4 ea $12 50 $ 50 00 Set # 4 9 619 Cylinders by C~ty inspector 4 ea $12 50 $ 50 00 Set # 3 11 6/14 Cyhnders by C~ty Inspector 4 ea $12 50 $ 50 O0 Set # 5 GF 6/13 Cyhnder P~ck Up T~me 2 hrs $32 50 $ 65 00 Transportation Charge 1 tr $20 00 $ 20 00 DUE UPON RECEIPT PLEASE INCLUDE INVOICE REMITTANCE COPY Total $ 770 00 WITH PAYMENT Thank You, We Appreciate your I~usiness MANAGER APPROVAL 9 HOU-~.4-2000 3.4 47 ENG ~- TERN'= ., 10610 Newklrk Street. Su#e 202 o Dallas, Texas 75220 INVOICE TO City of De.ton I INVOICE DATE City Hall West ~ 22.Aug-00 221 N Elm Denton, Texas 76201 I INVOICE AMOUNT I AI'I'N Mr Greg Blaokstone $1,475 00 Fax 940-349-8376 Phn 940.349-83S8 I INVOICE NUMBER PROJECT Lakevlew 81vd - Denton, Texas C00-0401 265 PROJECT NUMBER C00-0401 PLEASE INCLUDE REMITTANCE PROFESSIONAL SERVICES FOR THE pERIOD FROM ?/I~2/00 TO 8/22/00 COPY WITH PAYMENT REPORT # TECH DATE DESCRIPTION OTY UNIT UNIT PRICE TOTAL 12 FM 7~24 In-Place Densities 4 ea $20 00 $ 80 00 " Technician T~me 3 hfs $32 50 $ 97 50 " Transpozlatlon Charge 1 tr $20 00 $ 20 00 13 F.M 7/25 n. Place Densities 4 ea $20 O0 $ 80 00 " Technician T~ma 3 hrs $32 50 $ 97 50 " rransportation Charge t tr $20 00 $ 20 00 14 FM 7131 ~n-Place Dens,has 4 ea $20 00 $ 80 00 Technician T~me 3 hrs $32 50 $ 97 50 " Transportabon Charge 1 tr $20 00 $ 20 00 ME 818 Sample Pick Up for Proctor 2 hrs $32 50 $ 65 00 " Transportation Charge 1 tr $20 00 $ 20 00 15 KM 8/10 Proctor #5 1 ea $12500 $ 12.500 " ~tterberg L~m~ls 1 ea $40 00 $ 40 00 16 DR 8/11 In-Place Denstfles-Sample P U 4 aa $20 00 $ 80 00 " Technician T~me 3 hfs $32 50 ~ $ 97 50 Transportation Charge I tr $20 00 I $ 20 00 17 KM 8/12 Proctor g6 1 ea $12500 $ 12500 Atterberg bm~ts 1 ea $40 00 $ 40 00 18 8/15 Cylinders by C~ty Inspector 4 ea $12 50 $ 50 00 Set # 6 FM 8/16 Cylinder P~(;k Up Time 2 hca $3'~ 50 $ 65 00 Transportation Charge 1 tr $20 00 $ 20 00 19 8/17 Cyhnclers by C~ty inspector 4 ea $12 50 $ 50 00 Set ~ 7 FM 8118 Cylinder P~ck Up T~me 2 hrs $32 50 $ 65 00 iTransportatton Charge 1 tr $20 00 $ 20 00 D'UE UPON RECEIPT PLEASE INCLUDE INVOICE REMITTANCE COPY Total $ 1 475 00 WITH PAYMENT .... Thank You, We Appreciate your Business MANAGER APPROVAL ~ TOTRL P 05 10 ATTACHMENT 2 O CENO AN ORDINANCE AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT FOR ROAD CONSTRUCTION FOR LAKEVIEW BOULEVARD BETWEEN THE CITY OF DENTON AND DENTON COUNTY, TEXAS, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I The Mayor or City Manager is authorized to execute an Interlocal Cooperation Agreement for Road Construction for Lakevlew Boulevard between the City of Denton and Denton County, Texas under the terms and conditions contmned within this Agreement, winch is attached hereto and made a part hereof SECTION II That this ordinance shall become effective immediately upon its passage and approval PASSED PROVEDthlsthe /5¢ day of ,2ooo JAC~LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY tl TH~ STAT]~ O~ TEXA~ COLrNTY OF DENTON ~_TWREN TIt~ CITY OF DENTON AND pEIN'TON COUNTY. TEXAS WHJ~P,~AS, this o~eem~nt Is mad~ amd entered into by and between the Cxty of Denton. Texas, a poltttoal s~bdlvimor~ of the State of Texas, hereinafter referred to as "City" and Denton County, Texas, a corporate and poht~cal body umi~ tho laws of the grate of Texas, hereLnafler referred to as "County" for purposes of the completion of certain road constructaon hereinafter referred to as the "Project" WI~REA$, City and County mutually agree to be subject to the promions of V,T C A, Cjovenulwnt Code, Chapter 791, the InWrlocal Cooperation A~t, and WI~REAS, City and County desire ~n early compleuon of the Pro~ec~; and WHEREAS, City desires the pm.t~c~pation of County tn the Pro~t ~ authonzod by V,T C.A,, Transportation Code, S~ouon 251 011, Wi-flgKI~AS, oach party paying for the pm-f'ormemce of $overnmantal funouons as provided for tn this agmemant, shall make those lmymants from current revenues available to flt~ paying party, 1 ICA,Denton. Lake',dew Boulevard 12 UEN LU Ui~l HI IY ~ax ~4U-bbb-bb~ ~AS, Co~ ~ ~o~d~ 1~ of City ~ ~ ~ P~ of ~e ~ 1999 B~ Sder Ro~s Bo~ NOW, T~FO~, T~S AO~E~ ~s ~by ~ ~ en~ into by Com~ md City upon ~ for &e I The term of this Agreement ia twelve (12) months begmn~g on the date of execution of tiu~ agreement This A~eement may be r~newed snmm'y by mutual agreement of the patties II City hereby requests the asslstanoe of the County m constructing the road project, Lakevtew Boulevard, The County hmeby requests thc City to secure a oontract for the construction of LakevLew Boulevard, The City will prowde ail project inspections and apl~OVe aL1 ~ymenta, mcludm$ requested ~unchn$ from the County, as POW a~d construcUon invo~oes are t~oeived. III, Pursumt to V,T C A,, Oovernrnent Code Section 791,0! 1, the parttes h~reto a~ee that th~ purpose of this AS~eement is :o ensure that c~m~u fractions md semces in the area of slreets, ma~s and drainage are performed The parttas hereto further agree that each of thelri is authorized to perform, the funotlons and services tndiwdually ICA Demon,Lake,new Boulevard 2 13 As req~d by VTC.A., ~on Cod~ 8~t~ 2~1012 evt~n~d by ~e s~ of ~ CiW's r~n~lv~ ~low, ~ gov~n~ body of C~,b~ ~ ~ecuuon of ~d ap~ov~ of ~s ~cnt, ~wves ~ e~e~ of co~W mon~ ~ p~cipat~ m ~ ~dins of ~e Proje~ ~ ~ ~o~t not to ~c~d $798,106.00, V Ci~ ~ ~es ~t ~t ~hall be solely responsible for pay~ not to $V9~.106 00 of ~ ~p~ses related ~ compl~on of the ~o~, Cl~ ~ s~k m~b~s~ent for e~ses mla~d to ~e ~mpleUon of the ProJ~t ~m Coun~ fo~ ~iow VI As City ~c~s ~ ~h~ compl~ion of~ Pro~ec~ ~t ~1 su~t ~ ~e D~ton Co~W A~r, at 301 East Mo~n~ ~ Denton, Tex~ ~6201, mvotces on a money b~is for re~b~ent ~ Co~ sh~l ~burse C~ty for al exp~t~s r~la~ m ~s proj~t ~u ~y (30) ~ys of red,pt of ~ese ~vot~s A~d ~s Con~t is a c~aUon ~ ~e Cowry Auator ~ ~e Cowry ~ ~clu~ s~ of $~en H~ Ninny E~t ~o~d One H~ Six ($ ~98,106 00) Doll~ tn l~ b~ ~d ~t ~ls ~o~ s~l be i~m~d, set ~de ~d approvad by Dent~ Cowry Co~ss~on~ Co~ ~o be ~pende~ for ~e pro~t ~t is ~c sub}~ of ~s A~eeme~, Re~b~s~t ~m ~ to C~ s~l no~ ex~d ~e s~ of S~en E~d Ninety Ei~t ~ous~d One H~ed S~ ($ 798,106,00) Doll.s ICA Denton. Lakeview Boul~varct 3 14 VII. Th~s A~ement may be t~rrnmated i~ whole or tn p~ by ~e Co~ or C~V upon ~ (30) days' ~m notice m ~c other p~y s~lng fo~ a subs~ f~ by ~e dofa~flng p~ to ~fi~ i~a obhga~o~ ~der ~s agr~ment ~ough no fault of ~e te~g p~ P~dcd, however ~t no such tension ~y bc a~ ~ess r~ei~ :equea~d of m~nt ~ ~imtc sol~ fo~ ~e subs~tiat fml~ m p~o~, (2) not leas ~ ~ (30) ~end~ days ~ ~um the ~ure; ~ (3) ~ o~W for ~muon ~ ~e ~atmg p~y prior to re.nation In ~e even oft~t~uon by ~ Cowry, Co~ty s~l reimb~se ~e C~ for gl invoi~s submi~d up to ~d Fo~ Ci~ J~k ~ller May~, City of DenOn 215 E Me.racy Doato~, For Coif ~rk Denton Coif Judge 110 E~t H~okoU Denton, Te~ 76201 W~ a c~y to, Di~t~ A~m~'s Offic~C~l D~smn 1450 E~t McK~ey P O Box 2850 Denton, T~ 76201 ICA Denton Lakewew l~oule~azd 4 15 Dl"l'.l L,U Dlbl HI IT 1'¢3,X*"J/4U-~O~,-~,"J~ 1'SD /4 ZUUU 1/4 Z.L I'" ,iU VIII, The covenants, conditions and terms h~rccf are lo bc construed undc~ the laws of the State of Texas and ~te perforl~blc by ell pamas m Denton County, Texas The pames mutually agree that vent~ for any obligation ansing from ttus A~reernent shall lie in Denton, Denton County, Texas, IX Tlus w~ting i~ intended by the parties as a final expression of ~c~r agreement sud ~ a comple~ ~ excl~ s~ant of ~c te~s of ~e~ a~mon~ Agm~ent ~ be mo dtfi~ or rescmd~ o~y by ~g s~ed by ~ of ~e p~as or · o~ d~y a~z~d ~ts X Tins A~reement ~s not in~nded to extend the liability of the parucs beyond 5mt provided by law Nelther Count,/nor City waives, nor shall be deemed hereby to waive, any munutlt~y or defense that would otherwise be avmlablc to ~t agamst clatms a~ismg by thud partzee, In the cvcnt thai any portton of tins Agreement shall bc found to be con~ary to law, it is the intent of the parues hereto that the rcmamm$ potions shall remain vahd and in full force az~d effect to the extent possible ICA Denton Lakevtew Boulevard 5 16. DEN CO~IST RTTY fax'9~O--bbb-bb~8 ~eD ~ 2UUU 1~ 21 ~ 11 XII Th~ undersigned officers ~d/or agents of the parlaes her~o a~e the properly author..ed officials and have the rm~essai~/aulhortty to execute flus Ai~cement on behalf of the parties hereto md eaoh party hereby ¢~ties to the c~her ~hat any and all necessary resolutions extending said authority have been duly passed and are now in full fo~c~ end offect EXECUTED in duphcate onemals tlus, the ~/~ay of ~ 2000, by ~e C~ of D~nton p~s~ W ~e C~ty Co.cfi ~a~sed by ~e Co~W of D~nton pws~t to ~e Co~lsmoners Cou. ~ i'. CO~ CITY D~u Co~, Tex~ C~ of Denton. T~ 1 t 0 West Hioko~ 21 ~ E~t Mc~ D~mn, Tex~ 76201 D~a Tex~ Denton Co~W ludge Mayor, City of Acting on ~half of md bl Ao~t on be~ of ~d by au~riW of~e Co~ssioners ~oriW of~ Co~ of Demon Co--W, Te~s Co~cil of DenOn, Tex~ Allteet. Attest' Cynthia Mitchell, County Clerk /emufer Walters City Secretary ICA Den~on,Lakeview Boulevard 6 17. DEN L,U DI~I HI IY i-ax sJ4U-bbb-bbsJ~ Approvod as to form A. pprovect as ~o form. HERBERT L PROUTY/ By By ~.~q~" / ~ / .~ss~s~an~ Dtsmct Attorney Asm/~ C~y Attorney AUDITOR'S CERTIFICATE ! hereby certii~ tl~t pursuant to Commtsmoners Court order # , funds will be avmlable in the amount Seven Him&ed Ninety Bight Thousand One Hur~lred Six ($ 7~8,106,00) Dollars ~o accomphsh and pay ~e obhgsOon of Denlon County, T~,as under tins Agreement James Wells, County Audnor ICA Denton Lakevmw Boulevard 7 18. / . / AGENDA DATE. April 17, 2001 DEPARTMENT' Parks and Recreation ~ ACM: Dave Hill, Assistant City Manager Consider, adoption of an ordinance of the City of Denton, Texas, authonzmg the City Manager to submit an apphcatlon under the National School Lunch Act to obtain funding for the 2001 Summer ~Food Service Program, if such funding is granted, the City Manager is anthonzed to execute the Summer Food Service Program agreement with the Texas Department of Human Servlcesland execute a contract with the Denton Independent School District and all additional documents and agreements, as reqmred, authorizing the expendtture of funds to administer the program; and provlrhng an effective date This fre~ lunch program is designed to service children m areas of low-raceme populations during the summer months when traditional school lunch programs are not being served This program is sponsored and funded by the Umted States Department of Agriculture, Food and Nutrltloi~ Service This Summer Food Service Program ~s a continuation of the free lunch program that is offered dunng the school year The Texas Department of Human Services has made an effort through outreach to merease the number of cities participating m the program Cold sack lunches will be prepared by the Denton Independent School District and served at the following locations 1) MLK Recreation Center, 2) Phoemx Park, 3) Dema Park, 4) Civic Center Park, 5) Owsley Neighborhood, 6) TWU Clubhouse Program, 7) Village East Apartments, 8) Fred Moore Learmng Center, 9) Ravera Elementary Summer School, 10)Sam Houston Elementary Ennchment Program, 1 l) Razor Elementary Summer School The total estimated cost for this program is approximately $52,918 which is reunbursed by the Texas Department of Human Services The Parks and Recreation Department first offered the Summer Food Servace Program in 1992 at Dema Park, Phoenix Park, Fred Moore Park, Civic Center Park, and two summer school locations At these slx locations, a total of 14,776 lunches were served to children 1 through 18 years of age The Summer Food Service Program expanded to eight locations dunng the summer of 1993 The additional locations were the TWLT Clubhouse Program and the Owsley Neighborhood The total number of lunches served throughout the summer was 14,748 In 1994 the Village East Apartments were identified as a low-income area and became a Summer Food Program S~te Through the summer 15,094 lunches were served at the rune sites In 1995, the rune summer food sites served 15,585 lunches at a cost of $32,712 A shght decrease occurred m 1996 because the two summer school sites were enrolled sites w~th lower attendance In 1996 the rune summer food ~ltes served 13,511 lunches at a cost of $30,111 In 1997 the Boys and Girls Club requested to be' part of the summer food program The addition of tenth summer food site Increased the number served to 17,609 lunches at a cost of $38,342 In 1998 the ten summer food sites served 17,843 lunches at a cost of $38,535 In 1999, the ten summer food s~tes served 15,970 lunches at a cost of: $36,969 10 In 2000, the addition of 2 summer school sites increased the lunches served to 19,089 lunches at a cost of $42,017 OPTIONS: Approval of the contracts with the Umted States Department of Agriculture, Food and NutnUon Service and Denton Independent School District m its entirety RECOMMENDATIONS Staffrecommends approval of the 2001 Summer Food Grant ESTIMATED SCHEDULE OF PROJECT Summer lunches will be served from May 29, 2001, to August 17, 2001 No lunches will be served on Wednesday, July 4, 2001, in observance of the Independence Day Holiday PRIOR ACTION/REVIEW The Denton Independent School Dmtnct recommended approval to contract the preparation of cold sack lunches for this program when the issue was presented to their board on February 27, 2001 The program is scheduled for tmplementatlon on May 29, 2001 FISCAL INFORMATION The Texas Department of Human Services will reimburse all costs associated w~th the program, whmh admlmsters th~s grant Not apphcable EXHm_!IS_ A Ordinance B Food S~te Location Map C Certfficate of Authority Respectfully submitted pE ~rkHs°adnn~~D ep ar t meat 2 S \Our Documents\Ordmance$\01\summer food servme doc ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION UNDER THE NATIONAL SCHOOL LUNCH ACT TO OBTAIN FUNDING FOR THE 2001 SUMMER FOOD SERVICE PROGRAM, IF SUCH FUNDING IS GRANTED, THE CITY MANAGER IS AUTHORIZED TO EXECUTE THE SLIMMER FOOD SERVICE PROGRAM AGREEMENT WiTH THE TEXAS DEPARTMENT OF HUMAN SERVICES AND EXECUTE A CONTRACT WITH THE DENTON INDEPENDENT SCHOOL DISTRICT AND ALL ADDITIONAL DOCUMENTS AND AGREEMENTS, AS REQUIRED, AUTHORIZING THE EXPENDITURE OF FUNDS TO ADMINISTER THE PROGRAM, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton, Texas will submit an application for funding under the National School Lunch Act, to the Texas Department of Human Services for the purpose of mal2ng meals avmlable to ehgable cinldren at the City's Summer Action Site programs, and WHEREAS, pursuant to the grant, if received, the City will contract with the Denton Independent School District to provide the meals at the vinous sites, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The City Manager is hereby authorized to execute, on behalf of the City, an apphcatlon for funding under the National School Lunch Act, and if funded, the Summer Food Service Program Agreement with the Texas Department of Human Services, a copy of winch ~s attached hereto and incorporated by reference herein, along with any other documents and certtficates necessary to obtmn such funchng SECTION 2 The City Manager is hereby authorized to execute a contract with the Denton Independent School Dlsmct, substantially an the form of the contract winch is attached to and made a part of ttus ordinance for all purposes, to provide meals for ehglble individuals at the vinous sites, and such other documents and cemficaUons as are necessary to carry out the 2001 Summer Food Service Program, af such program is funded per the terms set forth in Section I above, and to handle all fiscal and admnnstratlve matters relating to the application and the program SECTION 3 The expenditure of funds necessary to adm~mster the 2001 Sununer Food Service Program ~s hereby authorized SECTION 4 This ordinance shall become effecttve immediately upon ~ts passage and approval PASSED AND APPROVED tins the __ day of ., 2001 EULINE BROCK, MAYOR 3 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HE~UTY~IW ATTORNEY State of Texas County of Denton AGREEMENT TO FURNISH FOOD SERVICE CITY OF DENTON and DENTON INDEPENDENT SCHOOL DISTRICT FOOD SERVICES THIS AGREEMENT ts made and entered into by and between the Denton Independent School District and the City of Denton both of whom are local governmental entities authorized to enter into lnterlocal agreements under Chapter 791 of the Texas Government Code (Vernon 1994) Whereas, the interlocal agreement contemplates the performance of function or services that each party to this contract is authorized to perform individually Whereas, that the City of Denton is making payment under this agreement which it is funding from payments from current revenue, whereas, the payments provided by the City of Denton are ~n an amount that fairly compensates the Denton Independent School District for the services that it is performing Wltnesseth I Provision of Meals Denton Independent School District agrees to supply unitized meals inclusive of mdk and juice to the C~ty of Denton Parks and Recreation Department, at the MLK Recreation Center, Phoenix Park, Dema Park, Civic Center, Owsley Neighborhood, North Lakes Recreation Center, TWU Playhouse Program, Village East Apartments, Fred Moore Learning Center, Rlvera Elementary School, Houston Elementary School and one additional elementary site to be determined by Denton Independent School District Breakfast $ 0 00 each Lunches $ 1 80 each Snacks $ 0 00 each Supper $ 0 00 each 5 II Menu Records It ~s further agreed that the Denton Independent School District pursuant to the provisions of the Summer Food Servme Program Regulations, a copy of which is attached as Exhibit "A" and is part of this agreement, w~ll assume that smd meals meet the mlmmum reqmrements as to nutritive value and content as outlined In the U S D A's sponsor Meal Preparation Handbook, and w~ll mamtmn full and accurate recordings of such, ~ncluding the following 1 Menu Records, including amount of food prepared 2 Meals, lnclu&ng dmly number of meals delivered by type III Retention of Records These records must be reported to the ~nstltutlon promptly at the end of each week .Denton Independent School D~stnct agrees also to retmn records reqmred under the preceding clause for a period of three years and 90 days after the end of the contract period If audits, clmms or litigation have not been resolved, all records must retain beyond the required time period until all issues are resolved in accordance with the Summer Food Service Program Agreement between The City of Denton and The Texas Department of Human Services IV Compliance With Immigration Laws The Denton Independent School District agrees to comply with the reqmrements of the Immigration Reform Control Act of 1986 regarding employment verification and retention of verification forms for any ~ndlwduals hired after November 6, 1986 who will perform labor or services under this contract V Audit The Denton Independent School Dlstr~ct agrees to allow for purposes of audit, examination, excerpt, and transcription the USDA, the Comptroller of the United States, D S and any of their authorized representatives to have access to any of the contractor's books, documents, papers, and records that are pertinent to the contract 6 VI Energy Efficiency The Denton Independent School District agrees to comply w~th the required mandatory standards and policies concerning energy efficaency contmned in the Texas Energy Conservation Plan issued m comphance with the Energy Policy and Conservation Act (P L 94-163) VII Remedies For Breach of Contract The Denton Independent School District agrees that except for small purchase contracts, ~t will comply with and enfome prowstons that allow for administrative, contractual, or legal remedies if contractors violate or breach contract terms, and any appropriate sanctions and penalties VIII Comphance With Labor Regulations The Denton Independent School District agrees to be in compliance with Secuon 103 of the contract Work Hours and Safety Standards Act (40 USC 327-330) as supplemented by the Department of Labor regulations (29 CFR, Part 5) Under th~s Act, contractors must compute the wages of mechanics and laborers on the basis of standard workday of eight hours and a standard workweek of 40 hours Work that exceeds the standards must be compensated at least 1 ¥2 times the basic pay rate for overtime hours worked These requirements do not apply to the pumhase of supplies or materials ordinarily available on the open market or contracts for transportation IX Equal Employment Opportunity The Denton Independent School District agrees to comply w~th Executive Order 11246 entitled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor regulations (41CFR, Part 60) X Comphance With Laws The Denton Independent School District agrees to comply with all other applicable laws, including without hmitatton, any additional applicable Federal Laws or regulations contmned ~n the Summer Food Program Agreement between the City of Denton and the Texas Department of Human Services XI Remedy For Breach If the Denton Independent School Dlstnct fmls to provtde services in accordance with the provisions of this contract, the City of Denton may, upon written notice of default to the contractor, immediately terminate the whole or part of this contract XII Consideration The City of Denton agrees to pay Denton Independent School District for all meals ordered on daily basis at the rate agreed upon in this contract XIII Term The agreement shall be effective as of May 29, 2001 and shall have the same term as the Summer Food Program Agreement between the City of Denton and the Texas Department of Human Services It may be terminated by not~ce in writing given by any party hereto to the other parties at least 30 days prior to the date of termination XIV Venue This agreement shall be tnterpreted ~n accordance w~th the laws of the State of Texas Any lmgat~on filed with regard to this contract shall be tried in a court of competent jurisdiction setting m Denton County, Texas IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the dates indicted below Agreed to this date Agreed to this date Sponsor Official School Sponsor DISD Title , City Manager Title School Board President 8 Thc locatton of the food preparation site will be Rtvera Elementary School 701 Newton Denton, Texas 76205 9 TEXAS DEPARTMENT OF HUMA~ SERVICES SPECIAL NUTRITION PROGRAMS AGREEMENT STATE OF TEXA~ § COUNTY OF TRAVIS § The Texa~ Deparlmmt of Human Semces, heremaf~ r~ferr~d to ~ TDHS, City of Denton, Texas, A Taxas Municipal Corporation at 215 E. McKinney, Denton, Texas 76201 herem~ ~ ~ ~ ~ ~; ~ ~ ~e ~d ~ m~ ~ ~ ~ ~ ~ ~ Na~ S~! L~ A~ ~ ~ ~d N~ A~ ~ ~, ~ ~ f~ ~ ~~ ~ Nm~ S~ ~ ~ ~S~), 7 C~ ~F~ ~ (~) P~ 210, ~ S~I ~ Pro~ (S~), 7 C~ P~ 215, ~ S~I B~ (SBP), 7 ~ P~ ~0, ~ S,~ F~ ~ ~ (SFSP), 7 C~ P~ 2~, ~ ~ ~d ~ Ad~t C~ F~ (CAC~) 7 C~ P~ 226 ~s a~t ~ ~e n~ ~d ~b~Um of ~HS ~d ~ ~ p~t m ~ ~n~'s p~csp~ m o~ ~ ~ of~ ~e-~ pro~ ~ s~p~a~ h~ By s~g ~s a~ bo~ p~ ~d ~n&uo~ ~om,~m ~--,-~ eff~w dnt. ~ ~,-a~ m ~ ~ ~ ~ I. ~AL AG~E~S ~e P~ muma~ n~ A F~ ~,~ ~ pr~sde s~ m ~ ~ ~e p~ of~ ~ ~HS m~, u~ ~ noU~ prov~d~ ~ law ~ ~ ~ ~n~ B If f~ ~ ~ la~ ~ ~ ~ ~ ~d~ ~c~ ~ ~ ~t ~ ~n~-.~ fid~llm~t of amen~ent ~ ~d ~ ~ ~ ~ ~blo ~ m~ ~,~.~ of~ ~ w~pht~ ~ ~!~ ~t of~ ~w ~ m~t ~ ~hg~o~, ~lu~g ~t ~. ~ ~ m ~ ~ of e~~ ~~~~~~ (30) ~ ~ m ~g ~ ~ o~ p~ ~d ~ ~ ~ ~ ~ ~ ~ ~ ~ of ~ ~ (30) p~ph ~ ~ ~ ~ p~%~ ~ ~H~ p~ m ~ p~ A -~ B CO~OR PROG~ ~~ON ~ ~~ A ~ ~~ ~ ~ ~ apph~bl~ m~a~o~ f~ tm d~n~ ~. ~ ~ ~ 7 C~P~ 245 ~ 250. as ~d~ ~ U~ F~ ~ ~on (7 C~ P~ 3015, ~ ~, A~m Gove~en~. ~ N~-~fit ~o~ (7 C~ 3052, ~ ~m~ ~ ~ ~ ~ ~ ~HS ~ ~n~ ~ a~ ~ ~ ~ d~ m ~m ~ph~ (~g ~m Poh~ s~mt ~d ~g ~m, ~ appmv~ ~m to ~ apph~on) for p~paU~ m ~ ~ pm~ 10 CONTRACTOR PROGRAM ADMINISTRATION AND FINANCIAL MANAGEMENT (Continued) Thc Contractor aocapts final ~drmn,strativo and financial respons~b~hty for food semce operatio? tn each sch.o?l,. summer fcodmgmte, and child and/or adult care facthty, hereinafter refcr~ to as a site, opcrsum or sponsoreo oy me Contractor Th~ respoeSlblhty mcludns any an&t exceptions or payment d¢flcl~cy re,the p~r.o~u ?.~v...c~:d b~. ~.. conuact, and all subcontracts hctmmder, wluch are found after momtormg or auditing ey t ~art~ or U~taA an~ wm responsible for ~he collections and payback of any amount paid in excess of thc proper claun amount. The Contractorlsubnuts for TDHS approval only those applications for sites wluch have dclcgat_~ the authority for the_ aam,mqtrat~on 0f food s~wce OlX~*ations to the Contractor or wluch have executed suhagrecmcots w~th the Con.actor tor the .a,~,-,~ratlon of food scrwces operations Contractors participating m the NSLP agree I that the official sp?mS the C!Mm fro' Rmmburscmunt w~I b~ rnspons~l¢ xor rcvtcwm$ mm anap/nng meal co,mt, to ~nsure accuracy and comphanc~ Mth federal regulations 32 to m~.tor .rote.mi a~. t to receive donated foods as req~ by federal regulations, and to price lUnon as a un~ Contractors participating m the CACFP pro~_de or_accept responsibthty for the prove. ~n o~. org.n~Tacl, non.~.~.l~d~m~?~ Licansmg or Cluld Protectwe Sarwces staff, any ~ vioiatmns o~ t tarA~ t.iccnsmg sumaaros or smpecum of chgdren tn sponsored centers or day homes Ill. RECORD I~ltPING The Contractor will k?p financial and .s~portmg docamcnts, st~-qtica] rscords, and any other records pcrtinant to thc . services for which a cln*m was subnuttad tn the manner and detail prcsc~bcd by TDHS Thc records and doctnnants vail bc kept for a mm*roam of 3 years and 90 days ai~er d~ tcrnu?a~on of .t~ fad.~ fiscal y?ar_for the rclcv _m.t. pro .gr!tm. If any litigation, ~lalm, or audit revolving these records begins ocxor~ suc~...i:?lon cxp ,u?, the Con~.wttl Jc~cp me,__ resords and do¢,tu.n, ants for not less than 3 years and 90 days and until all htigation, c~**m* or and~t tindmgs ~ rnsolvan. The case m considered r~solved whan thp-re m it fl]mi order Insuad m h~gation, or a wnttan agrc~'m'*-nt Is '~nt'~cd rote bctwem TDHS and ti~ Contnctor Th~ Contra~x Mil ~__ _.~; rm~ds of non-cxl~*m~Je pro~ acqmrad under the contract for :3 years and 90 days afint final disposluon of the prolm%'y The Contracto~ and its subcontractors Mil allow TDHS and USDA officials and other approlmate officmls dote ..~Md by TDHS to respect faclll~es and records and to _**_,a~t, e~t*mmo, and copy records at any reasonable tnno This accans to all n~)rds of costs paid, ~vm m part, by TDHS IV. CIVIL RIGBTS POLICY COlVl~LIANCE Thc Conltactor agrees to comply with Title VI of tho Cn~tl R~ghts Act of 1964 ~(lh~bhc Law 88-352) ...... and all ~* m,po d by ott r pmm t e .A ,m ro (_7 !S), .aCon t ' (2S,.C. nt Rchabihtation Act of 1973 (Pubhc L~w 93-112), tho Americans Mth D~sabthtles Act ox t~,'~v ~nmnc L~W ~V - Title IX of the P. ducauon Amendments of 1972 (7 CFR Part ISa), the ASo DL~vmm*t2on Act of 1975 (Pubhc Law 94- addition tho contractor a~ to comply Mth Ti& 40. Chap~; ~, or thc Tcxns ~?,,,,.,m~vo ~ ~ ne~ p~ti~m part that n° PO3°n m the Umt~d States shall' °n the groumt °f r*'~- ~" color' na~onal °ngln, s~x* a~ dLsa°m~' '~° federal ~ehafs, or ml_t0.on bc ~ta:lud~:l from partlcipaUoa m, or demcd any_md, ca~, servi .ca or oth~ lxndits.prov~?~., t~,,.~t Safcty Code Section 85 l 1 ~ (r~latmg to workplace and conficlcntmhty gmommes regarmng ~ma~ mvj The contractorlhe~cby g~vns assurance that it wdl *mmethately take any measures _nec~____~ to effec~*n*~, tim 11 IV CIVIL RIGHTS POLICY COMPLIANCE (Continued) detail of [e~ I~r~onn~[' the ,~l'~e ~a~?/-~P~n~u--t~ .~--gr-a~-' 0r-!°-n-a-u-°n o! ! .e~ra}. property and mterest in property, tl~ ~e fiitmshmg ol~se~.~ without cons,deraUon or at a n ........~ .... .p petty.or interest m such p. roperty or ommal ,-..,,~a~sauon, or at a cOnSlOernHon, which IS reduced -ro~smn of ~...k .... . .... e~.~_ _.~.__~,_n.~_~-~ ~t,.an~.Sem, em, or o~er~contract winch has as on~ of as purpose~ tl~ ,- ~ ,~o,o,~.,~ w. m= pumna.~ o~ooo, aha cash assistance for purchase or r~ntal of food serwce eqmpm,,~ or any other f'mancml assistance exte~Ied m r~hance on thc mpresentatson and agreements made m this ass~ance C _Th.e._Co?tra~. a~. to co.mpd.o data, maintain records, and subnut repom as reqmmd, to p~,.,,t ¢ffecaw enfo Ortho aoove A0ts an~ penmt aulhonzed TDHS USD -,~ ~,e ~...==-~ ~. ..... rcement records, boni~ and__~__~tsas.,,,~..~o ......... .i~.W. ?our~g. = woncmgnourstor~a~vsuch ass~'~:,-~l~$,USDAandFCSha¥ a~,,~,o,....~.:...~:__,_._ . ._.ets Ifthe~ar~_a~ywola~on.softhts lX~.., o~ of any ,~,~ ~an mo oopmmenr ln~ pe~on wl~e~e sl~_n_t~e appears on tlus contract ~s nuthonzed to s~gn tins assuran~ on tho behalf of tho Contractor D A~ rehgmus o~ chantablo orgn-~-_,on is ehpb_lo to be a ~on~¢tor off th~ same ba.~s as any other pnvat~ amzatwn. i nc ex. tractor t~tms its mdenend~ce f~om ~.t~ and local '"'v ....... ' ........ definltmn d~,l~nm. ....... ?--_ ---i - -= ~ ~v vium~u~s) mglUOl~ tile contractor s colltrol over the --.-, .....~.....m, pracuce, nna expr~ssmn oz,ts charitable or rehgmus behefs Except a~ provided by £ederal~aw, ~.. ,..,.,.~ .n ,~m~vu ~u~ous an. Icons. scnptw~, or other symbols Furthermore, ifa r~hglo~ or charitable --~ u.,~. ,~ #,~. · .~w;v;[, ucim~l' i Ut'lb s $¢l~tlon O! a Cllafltaol¢ or In,th-ba~ed contractor of cS~ar~n. °_r.?.~ ._~-PC_n_ch_ _t~_ _° f funds~ undcr thls c°.nb',act's Im cndo.rscz~nt of th~ conlractor's charitable or rthg]ous prov~ .c~r of ~nc~ .w~ dts~.m,-**~_ against you on the basis of~ to ,~amc~--,- ~hglon, a r~hglous behe~ or your rel~al ~ ~ a ~,~lpous pra~lce 1I YOU obJeCt to a particular pro. der because of~ts ..... ~. ............... r to a mllerent orovlder If you beheve tha+ ,~,... a~.~. ~..__ ~. ....... or homy your local 1Dl'l~ ~peoal Nutntmn Programs office - ,- .... ~e~ _on.j_0.4_ g~.T?__P_,~__.~. P.~lx~m,b,h~ ~ Work.Op~, .rt~ty.~~ Act of 1996 42 U S C § 604a, sets c~am aomuon,,, rights an~ r~ponsmmnes tot cllarltaol¢ al~ Iallll-oardl~ prOVl~ of .~l'vlc~, ~ addibonal V TDH$ CLAIMS PAYMENT A TDHS wdl, subJeCt to the federal appropnshon and avadab~hty to TDHS ofsuffictent funds for the apphcable program, .............. ~p o la) the ~n $ effective 4~t~_ of th~s a entor a later o~t_~ e~a~usmxl Dy 'l'UHli l~a.~l on tll~ ant. OX rec~pt of a fully executed copy of tht~ a~-eemen~~m Co) ~ ........ . ~. .......... ; .~PoL~. ~ ?I ucot imo/o~ oacg lax~s ~ COlltract~ ow~s ule 15ta~ of T~xa.s r~ym~ul~ wa ~ so appu~ unto. sucn o~ts ~1 oa¢ic taxes ar~ pa~d m full Thts clause does not apply h+' federal law to the o*-,- ~- ~:-' L~----='~ -~-~-~ ~- ~FFO' ~, ~ .c~ .,c~u [aw conauons ac rccelpt o! t~e moncy ]or t~ese goods or s~v~ccs ~. wu ~ oaasa ~Fnym~nt o~m~ mn.3~ tO the contractor 12 VI IMMIGRATION CERTIFICATION 13 VII C~RTIFICATION (Continued) Regarding F/deral Lobbying - Tbs cemfication upphes o~I~ to this contract and rs a matenal repr~sentalaon of fact upon which rehan~e was placed when this transaction was made or entered into Submission of thrs cemflcat~on ~s a prerequcs~tc for mahng ~ ent~mng into this .tr~action unposed by sectton 1352, title 31, U $ Code Any person who fads to file thc ~al~mred cettificat, on shall bo SUOJ~ to a clvl] penslty of l~ot less than $10,000 and not mor~ than $100,000 for each such The contractor esmfies, to the best of his or her knowledge and belie/, that No_ federally appropriated fun~_ have been~aid or will bo paid, by or on b~hs!fof the undersigned, to any pa~on for mUuencmg or at~mptmg to influence an officer or employes of any ag,'~cy, a member of Con~ress, an officer or emp]oyec of Congr~s, or an employee of a member of Congress m connecuon vnth the awarding of any federal conwact, the malang ogany federal grant, the m.a~g of my f~eral loan, the ~tenng into of ~ coopera~ve agreement, or thc extension, continuation, renewal, amendment, or mod~cation of any federal contract, grant, loan, or coopenmve agr~,'ment. If any funds other than feder...ally appropn!L.!'d funds have been paid or wall be paid to any person for m.fluencmg or attempting to, uttluence an omcer or employes of any agency, a member of Congress, an officer or ~nployes of Congress, or an employee ora member of Congress m couneeuon w~th tbs federally funded contract, subcontract, subgrant, or cooperlmve agreement, the undersigned shall complete and submit Standard FOrm-LLL, "Dcsclosur~ Form to R~pon Lobbying," m accordance vnth ~ts instructions The contractor shall require that the language of this cemficatton be included m the award documents for all covered subawards at all t~er~ (including subcontracts, subgrants, and contracts under grants, loan~, and coopa'at~ve agfa'meats) and that all covered subreclplents shall certify and chsclose accordingly The contractor esrtrfies that fi'it Is a corporation, it is either a for-profit corporation that ~s not delinquent m ~ts franchise tax payments, to the State of Texas, or rs a non.profit corporauon or cs otherv~se not subject to payment of franchise taxes to the St~ of Texas The c~nWactor c.~.-mfies that all mformat~on subnuttod pursuant to this agresment rs Irue and correct. The contractor understands that the dehberate rmsrepresentauon or vathholdmg of mformat~on ~s a v~olat~on of tins conlract and may result m prosecution under apphcable s*~t_~ and federal statutes Under $ccuon 231 006, Fam,ly Code, the vendor or apphcant ccrUfies that the individual or btcsul~s clltlty narne, x:t ul this conUact, hid,,or apphcatlon cs not mehgthle to reco~ve the specdled grant, loan, or payment and acknowlexii¢s that ttus con~'act may bo i~,minated and payment may bo w~thh¢ld ~f this cert~caUon ~s mc. curate 14 VIII E~ys:CTIVE DATE AND SIGNATURES Howar_d Martian Assistant City Manager (Please pnm or ~) ~I~ p~t ~ ~) TEXAS DEPARTMENT OF HUMAN SERVICES Effectrvc from unttl temunatr~ TDHS Rept~entat~v¢ Approved for l%rm by OC-C Rewsed Decemb~'r, 1999 15 EXHIBIT Texas Department May 2000 of Human Serv~es SPECIAL NUTRITION PROGRAM CERTIFICATE OF AUTHORITY This is to cartif7 that the following person(s) ~nnt) IT,tie Howard Martin ~ Assistant Cit}~ ManaRer X Signature-Authonzed Representatwe Name of Author=ed Representative (please type orpdnt) / T~tle t S~gnature-Authonzed Representat~e X is (are) dssi~&~ed as an Authorized Representative of Name of C0n[rractmg Organ;.atlon ! City of Denton IAdd~ess (Street, C~ty State, ZIP) l 321 E McKinney St Denton~ Texas 76201 The representative(s) designated above, and myself, acknowledge that each is individually authonzed on behalf of the contracting organization to make written agreements with the Texas Department of Human Services to operate a food program, to sign documents or reports about the agreement, and to present claims for reimbursement, when appropriate, to the department. By s;gning th~s document, we cartJfy ~ndlwdually and collectively that to the best of our knowledge and belief, all physically or electronically on behalf of the above named Contracting Orgamzation pursuant to our pa~cipation in any and all programs administered by Special Nutrition Programs, TDHS, am/will be tree and correct in all respects, that they ars/will be completed according to the terms and conditions of existing agreements including amendments, that records am/will be available to support any and all claims, and that we will not submit claims (excluding amended/adjusted claims) for goods or services for which we have already received payment. We recognize that we am fully responsible for any excess amounts which may result from errors made in relation to the comple§on ,and submission of claims We are also aware that dehberata mmreprseentaben or withholding of information may result in prosecution under applicable state and federal statutes Name of OffiCial of Contracting Agency (please type orpnnt) Howard Martin ! Assistant City Manager X s~gnature-Offic~al of contracting Agency DELETED AUTHORIZED REPRESENTATIVES A contracting orgamzaflon may not have mom than three (3) Authorized Representatives, including the Offlmal of the Conb'acting Agency If you am replacing or deleting an Authonzad Representative, list the name(s) of the Individual(s) to be removed as Authorized Reprosentative(s) below Michael Jez ' [NameofOeletedRepresentatlve ] NameofOeletedRepresentatlve FOR OHS USE ONLY Dais Rec~wed ICon.ct No Recewed By 75- 16. Form 4508 Texas Department May 2000 SPECIAL NUTRITION PROGRAM CERTIFICATE OF AUTHORITY This is to certify that the following person(s) [please type or prfnt) T~tle Howard Martin Assistant City Manager I SIgn0ture-Authormzed Repcesentabve X (please type orpnnO ' T~tle X Signature-Authorized Representabve an Authorized Representative of of Denton 321 E McKinney St Denton~ Texas 76201 The representative(s) designated above, and myself, acknowledge that each is md~wdually authorized on behalf of the contracting organizet~on to make written agreements w~th the Texas Department of Human Services to operate a food program, to sign documents or reports about the agreement, and to present claims for re~mbureement, when appropriate, to the departtnent. By sigmng this document, we cerbfy individually and collectively that to the best of our knowledge and behef, all documents submitted physically or electronically on behalf of the above named Contracting Organlzation pursuant to our participation in any and all programs administerad by Special Nutrition Programs, TDHS, am/will be true and correct in ali respects, that they are/will be completed according to the terms and cond~l~ons of exlsflng agreements including amendments, that records arehMII be available to support any and all claims, and that we w~ll not submit claims (excluding amended/adjusted claims) for goods or services for which we have already reca~ved payment. We recognize that we are fully responsible for any excess amounts which may result from errors made in relation to the completion and submission of claims We are also aware that deliberate mmrepreeentatJon or wffhholding of information may result in prosecution under applicable state and federal statutes ,g Agency (please type or pnnt) Title Assistant City Manager Howard Martin I S~gnature-Offictal of Contrachng Agency X DELETED AUTHORIZED REPRESENTATIVES A contracting orgamza§on may not have more than three (3) Authorized Representatives, including the Official of the Contracting Agency If you are replacing or deleting an ~,uthorized Representative, list the name(s) of the ind~vidual(s) to be removed as Authorized Representative(s) below Michael Jez ]LNameofDeletedRepresenta#ve [NameofDeletedRepresentatlve FOR OHS USE ONLY Conl~ct No Received By Date Rerewed 75- 17. ~.a,D,;,~,.t SFSP COMMODITY PROGRAM Fo~4aoa Human Se~lces May 2000 SPECIAL NUTRITION PROGRAM CERTIFICATE OF AUTHORITY This Is to ce~fy that the following person(s) Name of Authon,~ed Representative (please type or prlnO Title Howard Martin Assitant City Manager X S~gnature--Authonzed Representative I Neme of Authonzed Representative (please type orpnn0 Title X Stgnature-Authonzed Representabve IS (are) deel~nstad as an Authorized Representative of Name of Contrasting Organization City of Denton Address (Street C~ty, State ZIP) 321 E McKinney St Denton, Texas 76201 The representative(s) designated above, and myself, acknowledge that each is individually authorized on behalf of the contracting organization to make written agreements w~th the Texas Depaltment of Human Services to operate a food program, to sign documents or reports about the agreement, and to present claims for reimbursement, when appropriate, to the department. By slgnmg this document, we certify indlwdually and collectively that to the best of our knowledge and belief, all documents submitted physically or elec~onically on behalf of the above named Contmcbng Orgamzat~on pursuant to our participation in any and all programs administered by Special Nuthben Programs, TDHS, areNall be true and correct in all respects, that they are/wtll be completed according to the terms and conditions of existing agreements including amendments, that records am/will be available to support any and all clmms, and that we will not submit claims (excluding amended/adjusted claims) for goods or services for which we have already received payment We recognize that we ara fully responsible for any excess amounts which may result from errors made in relation to the completion and submission of claims We ara also aware that deliberate misrepresentation or withholding of Information may result in prosecution under applicable state and federal statutes Name of Offioal of Contracting Agenc~ (please type or ImnO T~le Howard Martin Assistant City M~na~r X S'gnature-Offic'al °f C°ntractmg Agency DELETED AUTHORIZED REPRESENTATIVES A contracting organization may not have more than three (3) Authorized Representatives, including the Official of the Contractmg Agency If you are replacing or delebng an Authorized Representative, list the name(si of the Individual(s) to be removed as Authorized Representative(s) below [Nar~;;fh~ele~te~Re~presentstlve NameofOeletedRepresentatlve NameofDeletedRepre~"t,~tiveI FOR DHS USE ONLY 75-C°~nct No Received E~y Date Received ] 18, Vaxae oop n .t SFSP COMMODITY PROGRAM of Human Sen~ces May 2000 SPECIAL NUTRITION PROGRAM CERTIFICATE OF AUTHORITY This la to certify that the foltowlng person(s): IName of AuthoriZed Representative (p/ease type orpflnO Howard Martin [Assistant City Manager X S~gnature-Authonzed Representative Name of Author"ed Representative (please type or prfnO Tdfe Slgnature-Authonzed Representabve X s (are) designated as an Authorized Representative of Name of Contragflng Organization City of Denton Address (Street 'City, State ZIP) 321 E McKinney St Denton, Texas 76201 The representative{s) designated above, and myself, acknowledge that each is indwldually authorized on behalf of the contracting organization to make written agreements with the Texas Department of Human Services to operate a food program, to sign documents or reports about the agreement, and to present claims for reimbursement, when appropnate, to the department. By signing this document, we certify individually and collectively that to the best of our knowledge and belief, all documents submitted physically or electronically on behalf of the above named Contracting Orgamzaflon pursuant to our participation in any and all programs administered by Specml Nutrition Programs, TDHS, are/will be true and correct in all respects, that they ara/will be completed according to the terms and condri~ons of existing agreements including amendments, that records are/will be avadable to support any and all claims, and that we will not submit claims (excludlrlg amended/adjusted claims) for goods or sewices for which we have already received payment. We recognize that We are fully responsible for any excess amounts which may result from errors made in relation to the completion and submission of claims We are also aware that deliberate m~srepresentetlon or withholding of information may result in prosecution under applicable state and federal statutes IName of Officml of Contracting Agency (p/ease type orpnnO T~tle Howard Martin Assistant City Manager × S~gnature-Official of Contrachng Agency DELETED AUTHORIZED REPRESENTATIVES A contracting orgamzabon may not have more than three (3) Authorized Representatives, Including the Official of the Contracting Agency If you ara replacing or deleting an Authorized Representative, list the name(s) of the Individual(s) to be removed as Authorized Representative(s) below IName of Deleted Representative Name of Deleted Representative Name of Deleted Represent;si;ye Michael Jez FOR DHS USE ONLY Received By Date Received Co~tract No 19. TEXAS ASSOCIATION OF COMMUNITY ACT O. AGENCIES, INC. 2512 I H 35 SOUTH, SUITE 100 PHONE 512/462 2555 wwwtacaaorg AUSTIN TEXAS 78704 5751 FAX 512/462-2004 hn0163@hanfsnetorg February 27, 2001 Attn Kathy Shaeffer, Youth/Teen Serwces Manager 321 E McFdnney St Denton, TX 76201 Dear Ms Shaeffer, Thank you for your request for census data TACAA does not yet have access to the 2000 statisttcs, for current data, I suggest contactm8 local schools According to the 1990 census data, the follovang sttes are located m a census block group where over 50% of cluldren qualify for the National School Lunch Program A summary of the data follows 1001 Parvtn ts located m block group (481210208) at 53% ehg~bfltty 1900 Jason Dave ts located m block group (481210213) at 53% ehg~bdtty 1400 Malone ts located tn block group (481210204) at 70% ehg~bfltty 1700 Vtllage East ts located m block group (481210206) at 57% ehgtbthty 815 Cross Ttmbers ts located tn block group (481210212) at 71% ebgtbd~ty Wood Street ts located m block group (481210206) at 57% ehg~bfi~ty 701 Newton ts located m block group (481210212) at 71% ebg~bdtty 321 E McKanney is located tn block group (481210211) at 71% ehg~bthty 1300 Wilson is located tn block group (481210212) at 71% ebg~bdtty Stella Street ts located tn block group (481210209) at 75% ehg~bdtty Feel free to call me vath any questions about these figures Sincerely, Momca Murphy L~ Program Spectalist 20. 76201 / 76207 Woodrow Wilson Elem School TWU, Mary Huffon Vilhge East Apts. __ Razor Elem Schoc Civic Center Park Phoemx Park Owsley Park Rivera Eiom School Fred Moore Leammg · Denla Park ± ~Minchin ~ A. GENDA INEORMATION SHE, ET AGendaltem,~ Date AGE, NDA DATE,: April 17, 2001 DEPARTMENT: Planning & Development CM/DCM/ACM: Dave Hill, 349-8314 ~ SUBJECT Consider approval of a resolutton of the CRy Cotmcd of the C~ty of Denton, Texas, supporting leg~slatlon that would allow the creation of a county transportation authority, to provide pubhc transportation and related transportation servmes to Denton County, and prov~&ng an effective date BACKGROUND A draft resolutton (Attachment #1) ~s scheduled for Council consideration in support of state legislation that would enable Denton County and ~ts mtmlc~paht~es to create a regional transtt authority House Btll 3323 (Attachment #2) was introduced by Representative Solomons, and was mtt~ated at the request of the City of Lew~svfile The bill proposes to allow the creation of a county transportation authority for pubhc transportation and transportation related services ~n counties adjacent to a county w~th a population of one mfihon or more The bill ~dentffies procedures necessary to create such an authority, the powers of the authority as a governmental body, and governance structure F~nal authority to create and fund such an authority would rest with the voters w~th~n each participating mun~mpal~ty, through a mandated confirmation elect~on This b~ll would enable the creation of regional tran~portatton anthor~ty apart and separate from the Dallas Area Rap~d Transit (DART), which reqmres retroactave payment of membership fees from c~t~es that intend to partm~pate m DART Denton County and the C~ty of Lew~svllle approved s~mflar resolutions, winch are provided in Attachment #3 OPTIONS 1 Approve the resolution 2 Rejeetthe resolutmn 3 Postpone for further cons~deratmn RECOMME`NDATION Staff recommends approval of the resolution As demographm growth m the North Texas region continues at a rapid pace, transportation planners and engineers have frequently voiced the concern that constructlon~ of new roads and expansmns cannot keep pace with travel demand, even ff all necessary funding waslavallable Contanued road eonstmetmn will also exacerbate air quality problems currently being expertaneed Transit and commuter rail system ~mprovements have to become a reality, or congestaon and travel delays wtll continue to worsen throughout our region The capability to create a transportation authority affords the City of Denton an opportumty to explore other alternatives to regional travel, and the ability to coordinate with and connect to the DART system will remmn a wable option ESTIMATED PROJECT SCHEDULE Approval of the resolution wall conclude Council act~mty for th~s action House Bill 3323 was left pending in the House Transportation Committee as of April 3, 2001 Thts ~ssue will hkely be d~scussed by the NCTCOO Regional Transportatton Cotmcfl tn future months PRIOR ACTION/REVIEW During the April 10, 2001 work session, Council demded to support HB 3323, and instructed staff to prepare the draft resolution FISCAL INFORMATION F~scal notes produced for state legislative review of HB 3323 ~s provided in Attachments #2 The leg~slation provides the process and structure for the creation of a regtonal transportation authority, the issue of funding has not yet been addressed ATTACHMENTS Attachment #1 Draft Resolution Attachment #2 HB 3323 Attachment #3 Denton County & City of Lewaswlle resolutions Respectfully submitted David M Hill Assistant C~ty Manager - Development Servmes S \Our DocumentskResolut~ons\0 I\GC 1 Resolution doc RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, SUPPORTING LEGISLATION THAT WOULD ALLOW THE CREATION OF A COUNTY TRANSPORTATION AUTHORITY, TO PROVIDE PUBLIC TRANSPORTATION AND RELATED TRANSPORTATION SERVICES TO DENTON COUNTY, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton, City of Lew~svdle and Denton County have h~stoncally prowded subsidized trans:t services for their residents, and, WHEREAS, the C~ty of Denton and the City of Lewlswlle have been receiving federal funds to prowde transit services for thexr respective residents, and, WHEREAS, transit needs for the region have grown beyond locally structured service, and, WHEREAS, zt would be both financially and operationally beneficial to the City of Denton, Denton County, the City of Lewlswlle and those cities part;c~patmg in the Lewzsvalle Dzal-A-Rade program to create one entity to saUsfy the transit needs of the area, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the City of Denton supports leg~slatlon that would allow the creation of a county transportataon authority, to prowde public transportation and related transportaUon services tO Denton County SECTION 2 Tbas resoluUon shall become effective immediately upon ~ts passage and approval PASSED AND APPROVED tlus the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 3 77(R) HB 3323 In~oduced vermon - Bill Text ~ &B1LLSUFFIX=03323&VERSION=I&TYPE=B ATTACHMENT 2 By Solomons H B NO 3323 Line and page numbers may not match official copy B~ll not drafted by TLC or Senate E&E A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the creation, organ~zatlon and management powers of a 1-3 regional county transportation authority, provld~ng for elections, 1-4 providing for a governing board, providing for procedures for 1-5 anHexatlon of territory, authorizing the levy and collection of the 1-6 sales and use and excise tax, authorizing transit authorities to 1-7 contract with the county transportation authority 1-8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS 1-9 The Transportation Code is amended by adding a new 1-10 Chapter__ to read as follows 1-11 SUBCHAPTER A CREATION OF COUNTY AUTHORITY 1-12 SECTION 1 LEGISLATIVE INTENT (a) The legislature fands 1-13 that an increasing proportion of the State's population resades ~n 1-14 counties ad3acent to other counties that contain partaal or 1-15 complete ma]or metropolitan areas 1-16 (b) The rapidly lncreasang population in counties adjacent 1-17 to these maDor metropolitan areas has caused a concentration of 1-18 vehicles and vehicular traffac related to commuting to and from 1-19 residences in the adjacent county to places of employment located 1-20 ~n ma]or metropolitan areas 1-21 (c) The escalating number of motor vehicles on 1-22 thoroughfares, freeways and other ma]or arteries of transportation 1-23 has increased at a rate faster than roadway infrastructure can be 2-1 enhanced resultang ~n traffic congestaon, delays and restractlng 2-2 the speed of the vehicular traffic substantlally below posted speed 2-3 2-4 (d) As a result of the increase in vehicles and related 2-5 traffac congestion, reduced mobility and speed, the motor vehxcles 2-6 are emitting gases, pollutants and other irritants anto the 2-7 atmosphere at a level which may adversely affect the health, safety 2-8 and welfare of the citizenry 2-9 (e) To provade more efficient transportation, mobility and 2-10 to reduce air pollution and congestion, a suitable option to 2-11 private passenger motor vehicle must be afforded 2-12 SECTION 2 DEFINITIONS 2-13 SECTION 3 CREATION OF COUNTY TRANSPORTATION AUTHORITY (a) 2-14 A county transportation authoraty, to provide public transportation 2-15 and transportation related services, may be created in a county 2-16 adjacent to a county with a population of more than one mlll~on 2-17 (b) The Commissioner's Court of the county w~shang to create 2-18 a county regional transportataon authority may ~n~tlate the process 2-19 to create the authoraty by the passage of a resolution or order or 2-20 upon on receapt of a petition requesting creation of a the 2-21 authoraty sagned by at least five percent of the registered voters 2-22 in the county 2-23 (1) If a petition of f~ve percent of the registered 2-24 voters is received by the county, at shall be verified by the 2-25 county clerk, consistent wath the provisions of Chapter 277, Texas 2-26 Election Code, and then returned to the Commissioners Court with a 3-1 finding of verification 3-2 (c) Upon receipt of the verafled petltaon by the 3-3 Comm~ssaoners Court or upon passage of a resolution or ordinance 3-4 calling for the creataon of the authority by the Comm~ssaoners' 3-5 Court, the Court shall schedule a public hearang wathan s~xty days 3-6 from e~ther the receipt of the petition or the passage of the 3-7 resolutaon of the order whichever occurs earlier 3-8 (1) The Commissaoners' Court shall call a public 3-9 hearing 3-10 (2) The tame and the place of the publac hearing shall 3-11 be publashed once a week for two consecutive weeks an a newspaper 3-12 of general circulation ~n the county The f~rst publication ~s to 3-13 be not less than tharty days prior to the date of the hearing 3-14 (3) Every ~ncorporated munlcapallty wxth a population 3-15 in excess of 15,000 shall be notlfaed of the public hearang by 3-16 mailing notice of the hearing to the governing body of the city ! 0f9 4/3/0| 3 4] PM 3-17 (d) The county Commissioners' Court shall conduct a hearing 3-18 at the time and place specified in the notmce and may continue the 3-19 hearings from day to day and from time to tmme until it is 3-20 completed 3-21 (1) Any interested person may appear and offer 3-22 evidence concernmng the creation of the authority, operation of the 3-23 codnty transportation system and whether creatlon of the authormty 3-24 wo~ld serve any public purpose or of any other facts bearmng upon 3-25 the creation of the authority 3-26 (e) After receiving evidence, testimony and discussion at 4-3 (1) desmgnating the name of the authority, 4-4 (2) a statement that all lands wlthln the county shall 4-5 be part of the authority includmng a munlcmpalmty partmally 4-6 therein, and 4-7 (3) that the territory is subject to the authority 4-8 ba~ed upon the results of the confirmatmon electmon 4-9 SECTION 4 INTERIM EXECUTIVE COMMITTEE (a) The county 4-10 Commissioners' Court and certain municipalities shall appolnt an 4-11 interim executive commmttee for the Authority subsequent to 4-13 (b) The interim executive committee shall be composed of 4-14 (1) one member appomnted by the governing board of 4-15 each city within the county that has a population wlthmn the county 4-16 in excess of 15,000 4-17 (2) three members appointed by the Commissioners' 4-18 Court, two of whom shall resmde mn the unancorporated area of the 4-19 cowry Three other members to be desmgnated by the remamnln~ 4-20 mncorporated cmtles within the county that have a population wmthin 4-21 th~ county of over 500 4-22 (3) that selection process shall be as follows 4-23 (A) all incorporated Cltmes with a population 4-24 over 500 shall be afforded the opportunmty to nommnate one person 4-25 for the executive committee The nomination form shall be sent to 4-26 the governmng body by mail 5-1 (B) The county judge shall recemve the names 5-3 thirty days of mamlmng the nommnatmon forms shall be added to the 5-4 election ballot 5-5 (C) The ballot contamnlng the names submitted to 5-6 the county judge by the cmtmes wmth a populatmon over 500 shall be 5-9 (D) The ballots shall be returned on or before 5-10 the date stated thereon to the county 3udge to be consmdered valmd 5-11 If received thereafter they shall not be counted 5-12 (E) The county judge shall name as members of 5-13 the executive committee the three ~ndlvlduals wmth the h~ghest 5-14 plurality vote In the case of t~es, the county judge shall select 5-16 (F) Should three members not be authormzed by 5-17 th~s process, the county judge shall name the balance of the 5-19 SECTION 5 SERVICE PLAN AND PROPOSED TAX RATE (a) The 5-22 (b) The interim executive commmttee after 1ts organlzatmon 5-23 shall develop a service plan and proposed tax rate 5-24 (c) The service plan and proposed tax rate shall be 5-26 eighty days from the fmrst meeting of the interim executive 6-1 commmttee, but in no event at a date later than one year after the 6-2 f~rst meeting of the ~nterlm executmve committee 6-3 (d) The interim executmve committee shall hold at least one 6-5 service plan and determining a proposed tax rate 6-6 SECTION 6 APPROVAL OF SERVICE PLAN AND TAX RATE (a) Upon 5. 2of9 4/3~1341PM 77CR) HB 3323 Inlxoduced version - Ball Text http//tlo2 tlc state tx us/cgi-bl &B1LLSUFFIX=03323&VERSION= 1 &TYPE=B 6-8 and tax rate, a copy thereof shall be provided to the county 6-9 commissioners' court and the governing body of each municipality 6-10 with a population mn excess of 15,000 6-11 (b) Notice of the adoption shall be published in a newspaper 6-12 of general circulation a~d sent to all munmcmpalitmes mn the county 6-13 with a populatmon in excess of 500 6-14 (c) Not later than sixty days after the date that the 6-15 mnterim executmve committee approved the service plan and tax rate, 6-16 the governing body of each munlcmpalmty, havmng territory xn the 6-17 authority, may approve by resolution or order the service plan and 6-18 tax rate 6-19 (d) A municipality that does not approve by resolution or 6-20 order the service plan and tax rate may not partmclpate in the 6-21 service plan or the confirmation election order for the authority 6-22 (e) The mnter~m executive committee may not order a 6-23 confirmation election in a municipality where the governing body 6-24 has not approved the service plan and tax rate 6-25 SECTION 7 CONFIRMATION ELECTION {a) The ~nterlm executmve 6-26 committee shall provide notmce to the commmss~oner's court of the 7-1 need to call a confirmation election 7-2 (b) The confirmation election shall be ordered by the 7-3 commissioner's court and by the governing body of each munlcmpallty 7-4 w~th a population of over 15,000 whmch has approved by order or 7-5 resolution the service plan and tax rate for the authority 7-6 (c) The confirmation election shall submmt to the qualified 7-7 voters of each qualifying municipality and the unincorporated area 7-8 of the County the followmng proposmtxon "Shall the creatmon of 7-9 the County Transportation Authority be confirmed~" The 7-10 notice of the election must mnclude a brmef description of the 7-11 service plan and that an imposmtion of a tax to pay for the plan 7-12 must be approved by the voters of at a subsequent electxon 7-13 (d) The confmrmatlon electmon for the authormty shall be 7-14 held on a uniform date 7-15 SECTION 8 CONDUCT OF THE ELECTION (a) The confirmation 7-16 elect~on shall be conducted so that the votes are separately 7-17 tabulated and canvassed showing the results of each separate 7-18 municipality that passed a resolution or order approving the 7-19 service plan and tax rate and then the balance of the County 7-20 eligible to vote 7-21 (b) The Intermm Executive Committee shall canvass their 7-22 returns and declare the results of elect~on separately wmth respect 7-23 to each designated area 7-24 (c) The governing body of a qualified municipality shall 7-25 canvass the returns of the conflrmat~on electmon ordered by the 7-26 munlcipalmty to confirm the Authormty and declare the results of 8-1 the election 8-2 (d) In each municipality or in the county where a ma]orlty 8-3 of votes were received in favor of the proposmt~on as worded on the 8-4 ballot, the Authority is confirmed 8-5 (e) The Authormty continues, lnclusxve of each of those 8-6 unxts, except that the Authority ceases mn every munlclpalxty over 8-7 15,000 that did not affirmatively vote for the propos~tlon or in 8-8 the port~on of the county which ~s not within the boundaries of a 8-9 confirming municipality 8-10 (f) If no municipality or the balance of the county does not 8-11 approve of the proposmtmon as provided on the ballot, the Authority 8-12 shall termmnate and cease 8-13 (g) If any qualified munlc~pallty voting on the proposition 8-14 casts a majority of votes in favor of the proposmtmon or the county 8-15 does so, then the authority shall contmnue 8-16 (h) If the authority continues, the mnter~m executive 8-17 committee shall record the results mn ~ts minutes and adopt an 8-18 Order declaring the creation of the Authority xs confmrmed, 8-19 stating the date of the election conta~nmng the proposition voted 8-20 on, showing the number of votes cast for or against the propos~tlon 8-21 by each qualmfied c~ty and ~n the balance of the county Upon 8-22 adoption of the order confmrm~ng the authority the interim 8-23 executive commmttee becomes the executive committee 8-24 (1) A certified copy of the Order shall be filed with the 3 of 9 6. 4/3/01 3 41 PM //(R) l-lB 5323 lntroclucefl version - Bill I ext http//tlo2 tlc state tx us/cg~-b~ &BILLSUFFIX=03323&VERSION=l&TYPE=B 8-25 Texas Department of Transportation and the Comptroller 8-26 SECTION 9 FAILURE TO CONFIRM AUTHORITY (a) If the 9-1 authority does not continue, the interim executive committee shall 9-2 enter an Order declaring the results of the votes cast at the 9-3 election, that the authority ceases, and the authority ~s 9-4 dissolved 9-5 (b) The county and the qualifying cities for the 9-6 confirmation election shall share the expenses of the election 9-7 based proportionately upon the population of the areas where the 9-8 election was conducted 9-9 (c) An Authority that has not been confirmed, expires on the 9-10 third annlversary of the date of the resolution or order ~n~tlatlng 9-11 the process to create the authority 9-12 SUBCHAPTER B POWER OF AUTHORITY 9-13 SECTION I POWERS APPLICABLE TO COUNTY TRANSPORTATION 9-14 AUTHORITY (a) This subchapter applies only to an authority that 9-15 has been confirmed 9-16 (b) The authority is a governmental body a corporate body, 9-17 and has perpetual succession 9-18 (c) The authority exerclses public and essential 9-19 governmental functions The Authorlty's operations are governmental 9-20 and not proprietary functions for any purpose, ~nclud~ng the 9-21 applicat~on of Chapter 101 of the Civil Practice & Remedies Code 9-22 SECTION 2 GOVERNANCE OF AUTHORITY (a) The executive 9-23 committee is responsible for the management, operation, and control 9-24 of the Authority and its propertles 9-25 SECTION 3 GENERAL POWER OF AUTHORITY (a) The authority 9-26 has any and all power necessary or convenient to carry out this 10-1 chapter or effect the purpose of this chapter 10-2 (b) An Authority may sue and be sued An authority may not 10-3 be required to give security for costs in a suit brought or 10-4 prosecuted by the authority and may not be required to post a 10-5 supersedeas or cost bond in an appeal of a 3udgment 10-6 (c) An Authority may hold, use, sell, lease, dispose of, and 10-7 acc/~lre by any means, property and licenses, patents, rights and 10-8 other interests necessary, convenient or useful to the exercise of 10-9 any power under th~s chapter 10-10 (d) /%n Authority may sell, lease or d~spose any right, 10-11 interest, or property that xs not necessary for the efficient 10-12 operation and maintenance of public transportation or at any time 10-13 surplus material or other property not needed by the authority to 10-14 carry out the powers under this chapter 10-15 SECTION 4 POWER TO CONTRACT (a) An Authority may contract 10-16 with any person 10-17 (b) An Authority may accept a grant or loan from any person 10-18 (c) An Authority may enter lnto any lnterlocal agreement or 10-19 other agreement w~th any municipality or other transportation or 10-20 transit entity that ls consistent with and beneficial to the 10-21 service plan approved by the authority 10-22 SECTION 5 THE OPERATION OF A PUBLIC TRANSPORTATION SYSTEM 10-23 (a) The authorlty may 10-24 (1) acquire, construct, develop, plan, own, operate 10-25 and maintain a public transportation system in the territory of the 10-26 authority including the territory of the political subdivision or 11-1 municipality partially located in the territory of the Authority, 11-2 (2) contract with a municipality, county or any 11-3 pol~t~cal subdivision for the Authority to provide public 11-4 transportation services outside the authority, 11-5 (3) lease all or part of the public transportation to, 11-6 or contract for the operation of all or part of the public 11-7 transportation system, by an operator, 11-8 (4) contract wlth a political subdlvlslon or 11-9 governmental entity to provide pubt~c transportation services 11-10 Inside the authority consistent w~th rules and regulations 11-11 established by the authority, ~ncludlng appropriate capital, 11-12 maintenance and operation or other costs specifically approved by 11-13 the authority and audited by them 11-14 (b) The authority shall determine the routes of the public 11-15 transportation system or approve routes submitted to them 4 of 9 7. 4/3/01 3 42 PM 77(R) HB 3323 Introduced version - Bill Text http//tlo2 tlc state tx us/cgi-bi &BILLSUFFIX=03323&VERSION=l &TYPE=B 11-16 , SECTION 6 AUTHORIZATION OF TAX LEVY (a) An Authority may 11-17 call an authorization election for the tax levy associated with the 11-18 service plan developed by the interim executive committee, or a tax 11-19 rate that has been modified by action of the executive committee, 11-20 at any time after the confirmation elect~on which creates the 11-21 authority 11-22 (b) The executive committee shall request an authorization 11-23 vote on a tax rate to the voters of each qualified municipality and 11-24 unincorporated area participating in the Authority The 11-25 proposition will be worded as follows "Shall the __ County 11-26 Transportation Authority levy of a proposed tax not to exceed 12-1 , be authorized?" 12-2 -- (c) The election shall be conducted in the same manner as 12-3 provided for the confirmation election for the Authority w~th 12-4 canvassing, certification and an order confirming the resulting of 12-5 the election 12-6 (d) Service Plan may be implemented in those qualified 12-7 cities or in the balance of county only if the qualified 12-8 municipality or the balance of county cast the ma3orlty of the 12-9 votes in favor of the authorization to levy a proposed tax by the 12-10 authority 12-11 (e} The election to authorize a tax levy under this section 12-12 expires on the second anniversary of the adoption of the order by 12-13 the Executive Committee declaring the confirmation of the 12-14 authority 12-15 SECTION 7 ACQUISITION OF PROPERTY (a) The Authority may 12-16 as it is necessary or useful in the construction, repair, 12-17 maintenance or operation of the public transportation system use 12-18 any public way, including an alley 12-19 (b) The Authority may acquire by eminent domain any interest 12-20 ~n real property Including a fee simple Interest and the use of air 12-21 or subsurface space 12-22 (1) Right of eminent domain may not be exercised 12-23 within the boundary of a municipality without the approval of the 12-24 proposed acquisition by the city 12-25 (2) Power of eminent domaln may not be exercised by 12-26 the Authority in an unincorporated area without the approval by the 13-1 county of the proposed acquisition 13-2 (c) The Authority may contract with the owner of the 13-3 property to allow the owner to relocate, reroute or alter the 13-4 owner's property The Authority may pay the contractor of the 13-5 owner or provide for reimbursement to the owner of the costs 13-6 involved 13-7 (d) Any relocation caused by the exercise of eminent domain 13-8 of the Authority shall be at the Author~ty's expense 13-9 (e) The Executive Committee shall adopt a resolution 13-10 authorizing eminent domain that describes the property interest, 13-11 and, declares the public necessity for the acquisition relating to 13-12 the construction, extension, ~mprovement or development of the 13-13 public transportation system 13-14 (f) A resolution that meets the requirements of (e) above 13-15 and is approved by the appropriate municipal governing body or 13-16 commissioner's court is conclusive evidence of the finding of 13-17 public necessity 13-18 (g) Chapter 21 of the Texas Property Code applies to the 13-19 eminent domain power of the Authority 13-20 SECTION 8 JOINT USE AGREEMENT (a) An Authority may agree 13-21 w~th any other public or private utility communication system, 13-22 common carrier or transportatlon system for (1) joint use of the 13-23 property or fixtures of the agreeing entitles, and (2) the 13-24 establishment of through routes, 3olnt fares or transfers of 13-25 passengers between the agreeing ent~tles 13-26 SECTION 8 FARES AND USE FEES (a) The Authority shall 14-1 impose reasonable and nondiscriminatory fares, tolls, charges, 14-2 rents and other forms of compensation for use of the public 14-3 transportation system The fares shall be sufficient to produce 14-4 revenue, which together with tax, revenue and any grants received 14-5 by the Authority, are of an amount (1) adequate to pay annually 14-6 the operation and maintenance expenses of the public transportation 5 of 9 8 4/3/01 3 42 PM 77(R)I-IB3323 ln~oclucedvers~on-B~ll lext http//tlo2tlcstatetxus/cg~~b~ &BILLbUIq'IX=03323&VERSION=l&TYPE=B 14-7 system, (2) to pay as due the principal and interest on all bonds 14-8 issued by the Authority, which are payable in whole or part from 14-9 Author/ty revenue received and any sinking fund or reserve fund 14-10 payments, and (3) fulfill the terms of any other agreement with 14-11 the holders of bonds /ssued by the authority 14-12 (b) The fares for passenger transportation may be set 14-13 according to a zone system or by any other classification which the 14-14 Authority determines is reasonably related to cost of the system 14-15 use 14-16 (c) This sect/on does not limit the State's power to 14-17 regulate taxes imposed by the Authority The State agrees not to 14-18 alter permission granted under this section to the Authority to 14-19 impose taxes, fares, tolls, charges, rents and other revenues 14-20 sufficient to pay obligations incurred 14-21 (d) State agrees not to Impair the rights and remedies of an 14-22 Authority bondholder until the pr/nclpal and interest on the bond, 14-23 interest on unpaid installments, cost and expenses in connection 14-24 w/th an act/on or proceeding by or on behalf of a bondholder, are 14-25 discharged 14-26 SECTION 9 INSURANCE (a) The Authority may insure through 15-1 purchased insurance policies or self insurance programs, or both, 15-2 the legal liabil/ty of the Authority and of its contractors and 15-3 s%~bcontractors relating to the acq~/lSltion, construction and 15-4 operation of the programs and facilIties for personal and 15-5 property damage, officers and employers liability 15-6 (b) The Authority may use contracts, rating plans and risk 15-7 management programs designed to encourage accident prevention 15-8 (c) In developing an insurance or self-insurance program the 15-9 Authority may consider the peculiar hazards, ~ndemnlty standards 15-10 and past or prospective 10ss and expense experience of the 15-11 Authority or s~m~lar authorities and of its contractors and 15-12 subcontractors 15-13 SECTION 10 TAX EXEMPTION The property revenue income of 15-14 the Authority is exempt from state and local taxes 15-15 SECTION tl EXEMPTION OF TRANSIT RAIL SYSTEM (a) If the 15-16 Author/ty constructs, or operates or contracts with another entity 15-17 to construct, or operate a mass transit rail system, the Authority 15-18 is not subject to any state law regulating or governing the design, 15-19 construction or operation of a railroad, railway, street railway, 15-20 streetcar and urban railway 15-21 (b) If the Authority acquires ownership of an interest in 15-22 real property, or any mass transit rail system property operatxng 15-23 on property previously used by a railroad, railway, street railway, 15-24 or xnterurban railway when transferred to the Authorxty is a 15-25 continuation of existing rail use 15-26 SECTION 12 EXECUTIVE COMMITTEE (a) An Executlve Committee 16-1 member has a term of two years Each member of the Executive 16-2 Committee is subject to reappolntment as provided for in the 16-3 selection of the Interim Executlve Committee, but in no instance 16-4 shall a member serve more than three terms 16-5 (b) A vacancy in the Executive Committee is f~lled under the 16-6 same manner as the original appointment 16-7 (c) TO be eligible for appointment to the Executive 16-8 Committee, the person must have professional experience in 16-9 transportation, business, government, engineering or law 16-10 (d) Members of the Executive Committee and officers and 16-11 employees of the Authority are sub3ect to Chapter 171, Texas Local 16-12 Government Code 16-13 (e) The Executive Committee of the Authority shall meet at 16-14 least monthly to transact business of the Authority 16-15 (1) the presiding officer may call special meetings as 16-16 necessary, 16-17 (2) the Executive Committee by resolution shall set 16-18 the txme, place and date of regular meetings, 16-19 (3) The Executive Committee adopt rules and bylaws as 16-20 necessary to conduct meetings 16-21 (f) Five members of the Executive Committee constitute a 16-22 quorum 16-23 (1) An action of the Executive Committee requires a 6 of 9 9 · 4/3/0! 3 42 PM 77(R) HB 3323 Introduced vernon - Bill Text http//tlo2 tlc state tx us/cgi-b~ &BILLSUFFIX=03323 &VERSION= 1 &TYPE=B 16-24 vote of a majority of the members present 16-25 (2) The bylaws may require a more than a ma3ority vote 16-26 for a specified authorizations 17-1 SUBCHAPTER C PARTICIPATION AND SERVICE PLAN 17-2 SECTION I ADDITION OF TERRITORY BY MUNICIPAL ANNEXATION 17-3 (a) When a municipality that is a part of the Authority annexes 17-4 territory that before the annexation was not part of the Authority, 17-5 th~n the annexed territory becomes part of the Authority 17-6 SECTION 2 ADDITION BY ELECTION (a) Territory of a 17-7 mtL~lcipality that is not initially part of the Authority may be 17-8 added to the Authority if 17-9 (1) Any part of the municipality is located within the 17-10 territory of the Authority, 17-11 (2) The governing body of the municipality orders an 17-12 election under this section on whether the territory of the 17-13 municipality outside of the Authority should be added to the 17-14 Authority, and 17-15 (3) If a majority of the results received in the 17-16 election favor the measure, the governing body of the municipality 17-17 shall certify to the Executive Committee the result of an election 17-18 in which additional territory is approved 17-19 SECTION 3 PARTICIPATION IN MORE THAN ONE TRANSIT AUTHORITY 17-20 (a) A municipality that has a population of more than 500,000 and 17-21 is located in a coLknty with a population of more than 1,000,000 may 17-22 participate in a separate transit authority 17-23 (b) If the municipality described in (a) loins the 17-24 Authority, and a separate Transit or Transportation Authority is 17-25 created or established in a county with a population of more than 17-26 1,000,000, the municipality which had voted to participate with the 18-1 Authority and was a qualified municipality may 18-2 (1) remain in the Authority which was originally 18-3 created 18-4 (2) ]oin the new Authority in the county with a 18-5 population of more than 1,000,000 in which municipality is 18-6 primarily located, or 18-7 (3} participate with both Authorities 18-8 (c) A municipality which has requested, participated in, or 18-9 received a benefit of capltal improvements made by the Authority, 18-10 if it transfers to a different Authority or participates with more 18-11 than one Transit or Transportation Authority, must continue to 18-12 honor reimbursement obligations resulting from the capital 18-13 improvements of the Authority 18-14 SECTION 4 TAX IMPOSED IN NEW TERRITORY (a) Sales and use 18-15 tax imposed by the Authority takes effect ~n a territory added to 18-16 the Authority under this subchapter on the first day of the 18-17 calendar quarter that occurs after the addition of the territory 18-18 (h) The Authority shall send a certified copy of the order 18-19 adding territory or an order canvassing the returns and declaring 18-20 the results of the election, with a map showing the territory added 18-21 to the Authority to the Comptroller The order must include the 18-22 effective date of the tax 18-23 SECTION 5 SERVICE PLAN (a) A service plan developed by 18-24 the Executive Committee shall consider the following 18-25 (1) The regional transportation plan for the county of 18-26 the Authority 19-1 (2) Actual and pro3ected traffic counts of private 19-2 passenger vehicles within the territory of the Authority and 19-3 pro3ected destinations 19-4 (3) Reasonably feasible alternative modes of public 19-5 transportation, such as f~xed guldeway rail, passenger commercial 19-6 carriers or dedicated thoroughfare lanes 19-7 (4) The most efficient collection points for passenger 19-8 use and destination or transfer points shall be located 19-9 (A) alternative routes linking the access and 19-10 discharge points shall be created, 19-11 (B) Where right of way will be required for the 19-12 transit routes, alternate alignments using least populous areas 19-13 should be determined 19-14 (b) Initlat estimates of capital expenditures for a 7 of 9 10. 4/3/01 3 42 PM 77(R) HB 3323 Introduced version - Bill Text htlp//tlo2 tlc stato tx us/cgt-bi &BILLbUI~ FIX=03323&VERSION= 1 & YYPE=B 19-15 functional public transportation system shall be considered 19-16 (c) Various forms of public transportation consistent with 19-17 use of the routes determined should be evaluated 19-18 (1) Cost per passenger per mile should be determined 19-19 (2) Cost would ~nclude capital expense of 19-20 acquisition of the public transportation system, costs associated 19-21 with the acquisition, improvement or modification of the transit 19-22 way, and maintenance and operating costs 19-23 SECTION 6 MAINTENANCE AND OPERATION (a) An administrative 19-24 overhead cost should be calculated separately 19-25 (b) Load Factors based on surveys, interviews, or other 19-26 reasonable quantification for the modes of transportation should be 20-1 considered 20-2 (1) A fare structure for the rldershlp of the public 20-3 transportation system by mode shall be estimated 20-4 (2) Revenue from all sources, ~ncludlng fares, fees, 20-5 grants and debt issuance shall be compared with estimated costs and 20-6 expenses 20-7 (3) Revenue minus expenses should be expressed as a 20-8 numerical number as well as a per rider factor for each trap or 20-9 segment thereof 20-10 (4) Any shortfall of revenue to expense shall be 20-11 expressed in a dollar figure and a per rider figure per trip 20-12 (5) If the service plan contemplates 3olnt use of 20-13 other transit systems or transfer to them, estimated dates of 20-14 access should be provided 20-15 (6) If certain segments of the service plan are more 20-16 profitable, or show a smaller deficit than others, then the plan 20-17 shall analyze segments separately ~n addition to a transportation 20-18 system 20-19 SUBCHAPTER D BONDS 20-20 SECTION 1 ISSUANCE (a) The Authority may issues bonds at 20-21 times as determined by the executive committee, 20-22 (b) The bonds may be issued as Ks necessary and appropriate 20-23 for the acq~leltlon, construction, repair, improvement or 20-24 extension of the public transportation system for the Authority, 20-25 creating or funding self-insurance or retirement or pension fund 20-26 reserves, 21-1 (c) For purposes of the Authority, a bond also includes a 21-2 note Any bond issued by the authority must have 20 year even 21-3 prlnclpal and interest payback, 21-4 (d) Any bond issuance that all or portion of which xs 21-5 secured by pledge of sales and use tax revenues with maturity of 21-6 five years or longer from the date of issuance may not be issued by 21-7 the Authority until an election has been held and has been approved 21-8 by a ma]ority of the votes received on the issue from a qualified 21-9 municipalities or part~c~patlng entities an accord with the 21-10 provisions established for authorization of sales and use tax, 21-11 (e) The bonds of the authority are fully negotiable The 21-12 authority may make the bonds redeemable before maturity, 21-13 (f) The bonds may be sold at a public or private sale, 21-14 whichever is financially more beneficial to the authority, 21-15 (g) The bonds of the authority are lncontestable after they 21-16 are approved by the attorney general or registered by the 21-17 comptroller and sold, 21-18 (h) To secure the payment of the bonds of the authority, the 21-19 authority may pledge all or part of the revenue real~zed from any 21-20 tax that Ks approved and levied, pledge any part of the revenue 21-21 from the public transportation system, or mortgage any part of the 21-22 publ~c transportation system, 21-23 (i) Notwithstanding the above, the authority may issue 21-24 refunding bonds at any tame when the repayment savings from the 21-25 refunding bonds exceeds the cost of issuance 21-26 SUBCHAPTER E TAXATION 22-1 SECTION I SALES AND USE TAX (a) The Executive Committee 22-2 may impose sales and use tax for use by the Authority at a rate of 22-3 (1) one-quarter of one-percent, 22-4 (2) one-half of one-percent, 22-5 (3) three-quarters of one-percent or 8 of 9 11. 4/3/01 3 42 PM 77(R) HB 3323 Introduced version -Bdl Text htip//tlo2 tlc state ix us/cgl-bl &BILLSUFFIX=03323&VERSION= 1 &TYPE=B 22-6 (4) one-percent, 22-7 (b) The xmpositlon of the sales and use tax must be approved 22-8 in an electlon and may not be imposed by a munlclpal~ty or in the 22-9 balance of the county that has not confirmed the Authority, 22-10 (c) Sales and use tax may be imposed by a munlclpallty if it 22-11 already participates in a transportation or transit plan other 22-12 than Authority, ~f 22-13 (1) the combined rates of all sales and use taxes 22-14 proposed in the municipality does not exceed two-percent, 22-15 (2) ~n submitting the author~zatlon for a vote within 22-16 the municipality, the ballot shall read "The City of 22-17 already imposes a sales and use tax for partlc~pat~on in the 22-18 transportation authority The proposed sales and use 22-19 tax is solely for the benefit of, and wxll be dedicated to the 22-20 county transportation authorlty" 22-21 SECTION 2 MAXIMUM TAX HATE (a) The Authority may not 22-22 adopt a sales and use tax including a rate ~ncrease, when the tax 22-23 combined with the rates of sales and use taxes ~mposed by other 22-24 political subdivision having territory in the authority exceeds 2% 22-25 in any locatlon of the authority Any increase ~n the tax rate to 22-26 a higher rate must be approved by a majority of the voters at a 23-1 conf~rmat~on elect~on as specified here~n, 23-2 (b) The sales and use tax takes effect on the first day of 23-3 the first quarter after the confirmation elect~on, 23-4 (c) The tax rate of the Authority may be lowered by order of 23-5 the Executive Committee ~f at ~s in the best ~nterest of the 23-6 Authority, 23-7 SUBCHAPTER F ADMINISTRATION 23-8 SECTION I AUDIT (a) The Authority shall prepare an annual 23-9 audit conducted by an independent certified public accountant, 23-10 (b) The audit lsa public record under Chapter 552 of the 23-11 Government Code, 23-12 (c) The Executive Commlttee shall receive the audit at a 23-13 regular busxness session and address on the record any def~cxencxes 23-14 noted ~n the report to management, 23-15 SECTION 2 FUNDING (a) The Authority may receive grants, 23-16 donations or gifts to pay for operatxonal costs or authorxzed 23-17 purposes 23-18 (b) The Executive Commlttee shall develop an annual budget 23-19 consistent w~th its duties 23-20 (c) The Authority may request funds for operation from 23-21 qualified mun~c~pal~txes, the comm~ssxoners court, or both The 23-22 request shall be accompanled with a budget and funds appropriated 23-23 to the authority are sub3ect to audxt 23-24 SECTION 3 PROHIBITIONS (a) No employee, agent or person 23-25 recelv~ng compensation from, or on behalf of, the Authority may 23-26 attempt to effect the outcome of any legislation 24-1 (b) Th~s sectlon does not apply to a contested 24-2 administrative matter or pending or reasonably antIcipated 24-3 litigation 24-4 SECTION 4 EFFECTIVE DATE This Act takes effect September 24-5 1, 2001 9 of 9 1~. 4/3/01 3 42 PM EBA-NRS H Bt 3323 77(R) BILL ANALYSIS Office of House Blll AnalyslsH B 3323 By Solomons Transportation 4/2/2001 Introduced BACKGROUND AND PURPOSE Due to the increase in the state's population, counties adjacent to other counties that contain a ma3or municipality are adversely affected by an increase in traffic congestion on area roadways To provide more efficient transportation and to reduce alt pollution an alternative means of transportation in such counties needs to be developed A county transportation authority could facllltate efforts to ameliorate trafflc congestion and pollution House Ball 3323 authorizes a county adjacent to a county with a population of more than million to create a county transportation authority RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaklng authority to a state officer, department, agency, or institution ANALYSIS House Bill 3323 amends the Transportation Code to authorize a county ad3acent to a county with a population of more than million to create a county transportation authority (authority) The blll authorizes the commissioners court of the county to create the authority by resolution or order or by a petition signed by at least five percent of registered voters in the county The bill requires the commissioners court to schedule a public hearing upon receipt of the petition or upon passage of the resolution or order, and to provide notice of the meetxng The bxll authorxzes the commissioners court to adopt a resolutxon or order after the public hearlng designating the name of the authority and a statement that requires all lands within the county to be part of the authority Including a municipality partially there~n (SUBCEAPTER A, SECTION 3) The bill requires the commissioners court and certain munlclpalltles to appoint an interim executive committee and sets forth the select~on process and composition of the Interim executive committee (SUBCHAPTER A, SECTION 4) The bill requires the ~nter~m executive committee to develop a service plan and proposed tax rate (SUBCHAPTER A, SECTION 5) Upon the approval by the interim executive committee of the service plan and tax rate, the bill requires a copy of the service plan and tax rate to be provided to the county commIssioners court and the governing body of each municipality with a population in excess of 15,000 The bill prohibits a munlclpal~ty that does not approve by resolution or order the service plan and tax rate from participating in the service plan or the confirmation election order for the authority (SUBCHAPTER A, SECTION 6) The bill requires the interim executive committee to provide notice to the commissioners court of the need to call a confirmation election The bill requires the commissioners court and the governxng body of each municipality that has approved the plan to order the confirmation election (SUBCHAPTER A, SECTION 7) The blll requires the confirmation election to be conducted so that votes are separately tabulated and canvassed showing the results of each separate municipality that passed a resolution or order approving the service plan and tax rate In each municipality or in the county where a ma3or~ty of votes were received in favor of the proposition, the authority is confirmed (SUBCHAPTER A, SECTION 8) The b~ll provides that an authority that has not been confirmed expires on the thxrd anniversary of the date of the resolution or order initiating the process I of 3 13. 4/3/01 3 41 PM 77(R) HB 3323 InU'oduced vernon - Bill Analys~s http//tlo2 tlc state tx us/cgi-b~ &BILLSUFFIX=03323&VERSION=I&TYPE=A to create the authority (SUBC~APTER A, SECTION 9) The bill provides that an authority may sue and be sued The bill authorizes the authority to hold, use, sell, lease, dispose of, and acquire by any meang, property and licenses, patents, rights and other interests necessary, convenient or useful to the exercise of power ascribed to the authority (SUBCHAPTER B, SECTION 3) The bill authorizes the authority to contract with any person, to accept a grant or loan from any person, and to enter into any lnterlocal agreement or other agreement with any municipality or other transportation or transit entity (SUBCHAPTER B, SECTION 4) The b~ll authorizes the authority to acquire, construct, develop, plan, own, operate and maintain a public transportation system in the territory of the authority Including the territory of the political subdivision or municipality partially located in the territory of the authority (SUBCHAPTER B, SECTION 5) The bill authorizes a municipality, for two years after the confirmation of the authority to call an authorization election for the tax levy associated with the service plan developed by the ~nterim executive committee, or a tax rate that has been modified by action of the executive committee after the confirmation election which creates the authority (SUBCHAPTER B, SECTION 6) H B 3323 authorizes the municipality to use any public way as it is necessary or useful in the construction, repair, maintenance or operation of the publlc transportation system The bill authorizes the authority to acquire by eminent domain interest in real property Including a fee simple interest and the use of air or subsurface space (SUBCHAPTER B, SECTION 7) The bill authorizes a munlcipallty to agree with any other public or private utility communication system, common carrier, or transportation system for Joint use of the property or fixtures of the agreeing entitles and for the establishment of through routes, 3olnt fares, or transfers of passengers between the agreeing entitles The bill requires the authority to xmpose reasonable and nondiscriminatory fares, tolls, charges, rents, and other forms of compensation for use of the public transportation system (SUBCHAPTER B, SECTION 8 ) The bill authorizes the authority to insure through purchased insurance policies and self insurance programs the legal l~ablllty of the authority and of 1ts contractors and subcontractors relating to the acquisition, construction, and operation of the programs and facxl~t~es for personal and property damages and for officer and employer l~ab~l~ty (SUBCHAPTER B, SECTION 9) The bill provides that the property revenue ~ncome of the authority is exempt from state and local taxes (SUBCHAPTER B, SECTION 10) If the authority constructs, or operates or contracts with another entity to construct, or operate a mass transit rail system, the authority ~s not sub3ect to any state law regulating or governing the design, construction or operation of a railroad, railway, street railway, streetcar and urban railway (SUBCHAPTER B, SECTION 11) The bill sets forth provisions relating to executive commlttee membership and meetings (SUBCHAPTER B, SECTION 12) The b~ll provides that when an annexed territory becomes part of a mun~cipallty that is a part of the authority, the annexed territory becomes part of the authority (SUBCHAPTER C, SECTION 1) The bill provides that a municipality that is not part of the authority may be added to the authority if any part of the munlcipallty is located within the terrltory of the authority and an electzon on whether the territory of the municipality outside of the authority should be added to the authority ordered by the governing body of the municipality results ~n a majority favoring the measure (SUBCHAPTER C, SECTION 2) The bill authorizes a municipality that has a population of more than 500,000 and ~s located in a county with a population of more than 1,000,000 to participate in a separate transit authority or to participate in both the original and new authorities (SUBCHAPTER C, SECTION 3) The bill provides that sales tax and use tax imposed by the authority takes effect in a territory added to the authority on the first day of the calendar quarter that occurs after the addition of the territory (SUBCHAPTER C, SECTION 4) The b~ll requires that a service plan developed by the executxve committee consxder the regional transportation plan for the county, traffic counts, alternative modes of public transportation, the most eff~clent collection 14. 2 of 3 4/3/01341 PM 77 {,R) l-IH 3323 lllI;'oduce{l version - 1~111Allalysl5 rltlp l/tlOZ tlc stato tx Us/cgI-DI ~t~ILL~UP lq~=03323~ v ~KblON=1~ 1YFI~=A points, estimates of capital expenditures, and various forms of public transportation consistent with the use of determined routes (SUBCHAPTER C, SECTION 5) The bill provides that administrative costs should be calculated Separately and certain load factors should be considered (SUBCHAPTER, C, SECTION 6) The bill authorizes the authority to issue bonds when necessarY for the construction, repair, and improvement of the public transportation system of the authority (SUBCHAPTER D, SECTION 1) The bill authorizes an executive commlttee to impose sales and use tax at certain rates for u~e by the authority after approval by election (SUBCHAPTER E, SECTION 1) |The bill requires the authority to prepare an annual audit conducted by an independent certified public accountant (SUBCHAPTER F, SECTION 1) EFFECTIVE DATE September 1, 2001 3 of 3 15 4/3/01 3 41 PM 77(R) HB 3323 Introduced versxon - F~scal Note http//tlo2 tlc state tx us/cgi-b~ &B1LLSUFFIX--03323 &VERSION=I &TYPE=F LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session April 3, 2001 TO Honorable Clyde Alexander, Chair, House Commxttee on Transportation FROM John Keel, Director, Legxslatlve Budget Board IN RE HB3323 by Solomons (Relating to the creation, organization and management powers of a regional county transportation authority, providing for elect~ons, providing for a governing board, provldlng for procedures for annexation of territory, authorizing the levy and collection of the sales and use and exc~se tax, authorizing transit authorities to contract with the county transportation authority ), As Introduced * No slgnlfzcant fiscal ~mpllcation to the State is anticipated * Local Government Impact The fiscal impact to units of local government would vary depending on the size of the local body, the transportation services that would be provided under the provisions of the ball, and current tax law It is assumed that larger counties, population 300,000 or more, will be more likely to eetabl~sh a regional transit authority (RTA) than counties with smaller populations For the purposes of providing a cost estimate, the Corpus Christi Regional Transportation Authority (RTA) was contacted The Corpus Christi RTA services Nueces county, which has a estimated population of 300,000, reported providing bus and paratranslt services and operatlng on approximately $23 million each year It KS assumed that RTAs providing like services in other counties may realize s~mllar operating costs ~n addition to in~txal start up costs It Ks also assumed that counties establishing and maintaining an RTA would utilize taxation, fees, and bond ~nltlatlves to fund transportation services and that generated revenue would cover the cost of operation Source Agencies 352 Texas Bond Review Board, 601 Texas Department of Transportation, 304 Comptroller of Public Accounts LBB Staff JK, JO, MW, DW 16. 1 ofl 4/3/01 3 4l PM APR~06 01 11 BT FROM MITCHELL DTN CTY CLK 9405S58580 TO 940~49859S PAGE ATTACHMENT 3 LEGISLATIVE POLICY STATEMENT DENTON COUNTY COMMISSIONERS COURT 77TH LEGISLATIVE SESSION SUBJECT. HB-3323-County TrensportaUon Authonty DATE: April 3, 2001 Denton County is one of the fastest growing counUes ~n thc state growing 58 percent since the last Census Thc record growth has brought some challenges to the transportation system m the county Local officials arc working very hard to ensure proper transportation nccds of the ciuzens; however, It is hme to start loohng at addmonal modcs of transportauon DENTON COUNTY SUPPORTS HB 3323 WITH THE INTENT TO CREATE POWERS TO ORGANIZE, MANAGE, OR CREATE A REGIONAL COUNTY TRANSPORTATION AUTHORITY BY AN AUTHORIZED ELECTION ONLY Approved by thc Denton County Commissioners Court RESOLUTION NO, 2660-3-2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LEWISVILLE, TEXAS, SUPPORTING LEGISLATION TO CREATE A COUNTY REGIONAL TRANSIT AUTHORITY. WHEREAS. the City of Lewulvtile, City of Denton and Denton County have historically provided subsidized transit services for their residents, and, WHEHEAS, the City of Lowlsvllle and the City of Denton have been receiving federal fUnds to provide transit services for their respective residents, and, WHEREAS, transit needs for the re,glen are ~rowlng beyond locally structured service, and, WHEREAS, it would be both financially and operationally beneficial to Denton County, the City of Denton, the City of Lewlsvllle and other Denton County cities participating current transit prosrams to create one entity to satisfy the transit needs of the area, NOW, THEREFORI~, BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF LEWISVILLE, TEXAS. THAT TE[E CITY OF LEWISVlLLE SUPPORTS LEGISLATION TO CREATE A COUNTY REGIONAL TRANSIT AUTHORITY DULY PASSED AND APPROVED BY THE CITY COUNCIL OF TIIE CITY OF LII~WlSVILLE. TEXAS, ON TFII8 THE 19TM DAY OF MARCII. 2001. APPROVED: RE$OLII~ION NO. 26~60-~-200t (tt) Pa~e z ATTEST: Marry Hendrix, T~kMC/CMC, CITY SF_~RETAI~Y APPROVIiiD AS TO FORM: 19 AGENDA INFORMATION SHEET AGENDA DATE. April 17, 2001 DEPARTMENT. Utdities Admmistration ACM: Howard Martin, 349-8232 ~ SUBJECT: An ordinance of the City of Denton, Texas, authorizing the City Manager to execute an agreement between the City of Denton, Texas and the Upper Trimty Regional Water District for the payment and settlement of claims and debts, the acqmsitmn of property, and other matters, authorizing the expenditure of funds therefore; and providing an effective date. BACKGROUND: The C~ty of Denton and the Upper Tnmty Regional Water District (UTRWD) pammpated in the construction of a joint water transmission line that hms generally along Ldhan Miller ParkwayfFM 2181 from 1-35E to Old Alton Road The hne consmts of 30", 24" and 20" segments Denton uses the line for transmlssmn service for citizens ~n the southeast quadrant of the City, and the joint line ties into other hnes at FM 2181 and Ryan road UTRWD has used the line to prowde transmission service to Argyle and Bartonvllle, w~th the lme beginning at thetr metenng point at Old Alton road and contmmng south from that point Under the, terms of the Joint Transmission Line contract dated May 6, 1993, Denton reimburses the DistriCt for Denton' share of the p~pelme ($532,080) via a 23 year debt service payment schedule Since 1995, Denton has made annual payments of approximately $45,000 per year to pay off tl~s debt and has a remanung pnnc~pal balance owed of approximately $428,626 A 1997 amendment to the contract allows Denton to prepay its debt balance without penalty Since the ongmal bond interest rate was 6 34% and Denton has available bonds sold at 5 61%, Staff beheves it is appropriate to pay off tlus remalmng debt at tins time The sawngs over the remmmng 18-year debt payment period ~s approxnnately $38,500 Another prowslon of the Joint Transrmss~on Line contract states that Denton would purchase UTRWD's share of the water line if Denton needed additional capacity and UTRWD no longer needed the line The intent at the t~me the contract was signed was that UTRWD's use would be temporary and that Denton would purchase the District's share at some t~me m the future Due to expected growth m the area adjacent to the p~pehne and UTRWD's request that Denton purchase the D~stnct's share, Staffbehoves it is appropriate to purchase UTRWD's share at ti'ns time The Denton Utilities staff and UTRWD have been negotmtlng the purchase price of the District's ishare during the past several months, mcluchng the allocation of project costs and the deprematqd value of the hne The primary discussion point concerned the amount of deprematton that has accrued on the line Denton's pos]t~on was that depreciation of the line continued up to the point that Denton pard UTRWD for the Dmtnct's share of the line UTRWD mamtmned that deprecaataon should stop at the tnne Denton triggered the use of thc lane an the summer of 1998 under "emergency" eondmons UTRWD also asked that Denton reconsader the accountang of the conveyance of a water lane from Denton to the Dxstnct an 1998 The $197,200 hne was originally prod for by the Lake Caries Mumcapal Utalataes Authority (LCMUA) and then gaven to Denton as part of a contract to provade water servace to LCMUA When the line was later conveyed to UTRWD an 1998, the Dastnct paad Denton the deprecaated value of the contributed lane (approxamately $114,130) UTRWD argues that Denton should not have charged UTRWD for the lane sance at was onganally prod for by LCMUA (a Dastrlct member) and that Denton should reamburse the Dastnct flus amount as part of the joant transmission lane negotmtaons In an effort to resolve the dafferenees between the Caty of Denton and UTRWD posataons, Denton agreed to the Dastnct's depreciation methodology, whmh added approxamately $70,511 to the amount owed UTRWD However, Staffbelaeves the conveyance of the LCMUA lane to UTRWD was proper and m accordance wath the contract prowsaons, and that UTRWD as not due a refund of $114,130 When the final proposals of Denton and UTRWD are compared, a dafference of approxamately $37,743 remaans Staffbelaeves at as m the best anterests of Denton and the Dastnct to splat the remaining difference and aclueve fanal agreement on these assues Thru adds approxnuately $18,871 to the amount owed by Denton to UTRWD When the Dastnct's deprecaataon method as used and the LCMUA lane assue as separated from the joant transrmssaon lane calculataons, Denton and the Dastnct have agreed that the amount owed by Denton for UTRWD's share of the Lzlllan Maller lane is approxamately $900,756 When the $18,871 compromase agreement as added, the total amount owed for the Lfllaan Miller hne as approxamately $919,628 Exhabat I provades a summary of the cost calculataon for the UTRWD lane share Another assue resolved during these negotaataons anvolves the amount Denton is owed for ats share of the Cooper Reservoar project Denton receaved remabursement of the up-front costs of the project prod by Denton on behalf of the Dasmct m 1995 an the amount of approxamately $146,448 However, sance Denton opted out of the Cooper Reservoar project m 1999, Denton ~s owed an addlttonal pnncapal amount of $202,300 by the Dasmct Negotaatmns have anvolved the anterest due on the balance since 1995 The Denton and UTRWD staffs have agreed on an amount of interest that essentaally equates to the anterest Denton could have earned sance 1995 af it had received the refund at that tame The total amount of the credat owed Denton for the Cooper Reservoar project as approxamately $321,870 When the amount owed by Denton for Denton's share plus UTRWD's share of the joant water transmission p~pehne as offset by the amount the Dastnct owes Denton for the Cooper Reservoar project, the net amount owed UTRWD as calculated as follows Total due forUTRWD share $ 919,627 53 Total due for Denton's share 428,626 44 Less Cooper Reservoar crecht ( 321,870 49~ Net amount owed UTRWD $1,026,383 48 The Water Ut~hty sold $1 100 mlllxon m bonds m 2000 to pay off Denton's share and purchase UTRWD's share of the Lflhan Miller water transmasslon line The net amount owed UTRWD ~s approximately $73,617 less than budgeted RECOMMENDATION Staff recommends Board approval of the payoff of the balance Denton owes on its share of the Lflhan Miller water transmassxon line and the purchase of Upper Tnmty Regional Water District's share of the for a total amount of $1,026,383 48 PRIOR ACTION/REVIEW (Council, Boards, Commissions) This item was presented and approved unanimously by the Public Utilities Board at their February 5, 2001 regular meeting FISCAL INFORMATION' Water revenue bonds m the amount of $1 100 mflhun were sold m fiscal year 2000 for flus purpose The total amount of bond funds reqtured ~s less than budgeted Respectfully submitted Howard Martin ACM Utflxtles Extublt I Calculation of cost of UTRWD share of Joint Transmission Line Exhibit II Ordinance Exhibit III Agreement between the City of Denton and UTRWD UTRWD Regxonal Treated Water ProJect UTRWD's Cost of Lillian Miller Line lA (Based on Payoff March 1, 2001) UTRWD Cast~ IJ~])..B_C, oxt a Construction $ 567,028 82 Engineering 86,154 97 Easement 74,105 28 Land Agent 48,350 28 Legal 5,897 20 Project Management 41,890 36 Capitalized Interest Reserve 132,615 02 Debt Service Keserve Fund 86,402 20 Cost of Issuance 15,225 59 Total Cost $ 1,057,669 71 Allocated Cost Shares (50/50) $ 528,834 86 $ 528,834 86 Accummulated Deprecmt~on (70:5I t .31) 0.00 (Dep/UTRWD 48mo/TWDB Omo) $ 458,323 55 $ 528,834 86 Less Debt Servme Reserve Fund .01fa3_0222~ 0.00 $ 371,921 35 $ 528,834 86 Total Due for UTRWD Share $ 900,756 20 Plus Total Due for Denton Share Balance $ 428~626 44 Total Due for Lflhan Miller Line $ 1,329,382 64 Less Lake Cooper Credit (321,870.49) Equals Subtotal Due UTKWD $ 1,007,512 15 Plus Compronuse Settlement $ 18,871 33 Equals Total Due UTRWD $ 1,026,383 48 Note Cooper credlt interest rate ~s computed @ 5 93% from 3/1/95 to 2/4/99 & ~ 5 45% from 2/4/99 to 3/1/01 EXHIBIT I 4 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE UPPER TRINITY REGIONAL WATER DISTRICT FOR THE PAYMENT AND SETTLEMENT OF CLAIMS AND DEBTS, THE ACQUISITION OF PROPERTY, AND OTHER MATTERS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~qRO. TIC~N 1 The C~ty Manager 18 hereby authorized to execute on behalf of the C~ty, an Agreement by and between the C~ty of Denton, Texas and the Upper Tnmty Regional Water District, a copy of wbach is attached hereto and incorporated by reference hereto ~ The expenditure of funds as set forth ~n the Agreement Is hereby authorized .ql~.ClTION a Tbas orchnance shall become effectave ,mmedmtely upon its passage and approval PASSED AND APPROVED this the day of ., 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Doeument~\Or&nanees\01 \UTRWD Payment Ord doc STATE OF TEXAS § COUNTY OF DENTON § AGREEMENT THIS AGREEMENT ~s made and entered into as of the day of , 2001, by and between the City of Denton, Texas, a Texas Mumc~pal Corporatmn, wath ~ts pnnc~pal offices at 215 East McKanney Street, Denton, Texas 76201 (hereafter *'DENTON"), and the Upper Tnmty Regmnal Water D~stnct, a Conservatmn and Reclamation D~stnct orgamzed under Article XVI Sectmn 59 of the Texas Constitution, and operalxng under the laws of the State of Texas, w~th ~ts pnnc~pal office at 396 West Mare, Stute 102, Lew~sv~lle, Texas 75067 (hereafter "UTRWD'), the pan, es acting herein, by and through their duly-authorized representatives and officers WIT-NESSETH, that m constderatmn of the covenants and agreements hereto contmned, and for the cons~deratmns here~n expressed, the part,es hereto do mutually AGREE as follows, to w~t 1 That DENTON owes UTRWD the sum of $900,756 20 for the UTRWD share of the L~lhan M~ller Joint Transnnssmn L~ne I-A, pursuant to the contract dated May 6, 1993 [approxLmately fifty (50%) percent of the UTRWD share of the p~pelme ~s owned by the Texas Water Development Board, who will be reimbursed by the UTKWD] 2 That DENTON owes UTRWD the sum of $428,626 44, on the remaining indebtedness owed by DENTON to UTRWD for DENTON'S share of the Ldhan Miller Jmnt Transmission L~ne 1-A 3 That It is DENTON'S intention to exercise ~ts option to acqmre the entire Ldhan M~Iler Jomt Transm~ss~¢n Line 1-A at ti'ns tune 4 That UTRWD owes DENTON the sum of $321,870 49 pnnmpaI and interest, on the Cooper Reservon: ProJect as a refund of DENTON'S share, as n has elected to w~thdraw from the ProJect Accordingly, UTRWD wall refund DENTON'S share at thru ume 5 That w~th respect to DENTON'S financml responstbthty as to the Lake Cmos Mummpal Ut~htms Authority L~ne, UTRWD and DENTON have an ongoing dispute UTRWD and DENTON have by tins document, settled their dispute for the payment of $18,871 33 fi.om DENTON to UTRWD 6 That m summary, netting out the above amounts ~n numbers 1, 2, 4 and 5, DENTON shall P:~ UTRWD by March 1, 200l, the sum of $1,026,383 48 m order to settle and pay ott the following matters A Acqms~tmn of the entire Ltlhan Miller Joint Transmission Line l-A, and B Refund of DENTON'S share of the Cooper Reservoir Project, and C Settlement of any clmm respecting the Lake Cttles Mumc~pal Utthtms Authonty Line 7 That 'DENTON and the UTRWD shall release and hold harmless the other, to the extent amhonzed by law, ~'om any and ali other claims for the three items set out tn ~tem 6 above 8 That if requested by the other party, DENTON and the UTRWD shall each cooperate m sLmung and dehvermg such conveyances or other ~vntten documentation, w~tinn thn-ty (30) days of the request, m order to facilitate the transfers thereof 9 That the payoff amount of $1,026,383 48 shall be effective through March 1, 2001 To the extent that tins matter ~s not closed and funded by April 15, 2001, the payoff balance shall be re- calculated, using the same assumptmns as tins Agreement, on a daily bas~s, to date of payment IN WITNESS WHEREOF, the C~ty of Denton, Texas has executed tlus Agreement in two (2) original counterparts, by and through its duly authorized City Manager, and the Upper Tnmty Regmnal Water District has executed this Agreement by and through its duly authorized undersigned officer on tlus the day of ., 2001 "DENTON" CITY OF DENTON, TEXAS A Texas MUmclpal Corporatmn By HOWARD MARTIN Acting C~ty Manager ATTEST JEN~rNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HECBERT ~' P~OIrT¥ CITY ATTOp~,rC~V "UTRWD" UPPER TRINITY REGIONAL WATER DISTRICT By ~~~fif~ ~~a~_ Blake ~. Enghsh, P~/Orl~.-Boar~t~Dtrectors ATTEST By ~ Antomo Romo. Secretary. Board olD,rectors APPROVED AS TO FORM AND LEGALITY John F BOyle. Jr, Coud~/for Th~ Dtstnct AGENDA INFORMATION SHEET AGENDA DATE' April 17, 2001 DEPARTMENT' Commumty D~velopme~/ CM/DCM/ACM: David Hffi, 349 8314 .~7~ svB Hold a pubhc heanng mwtmg c~ttzens to comment on the C~ty of Denton's 2001 Actton Plan for Housmg and Commum(y Development BACKGROUND Preparation and d~ssem~nat~on of an Action Plan ns a reqmremem for all CDBG and HOME em~tlement c~t~es The plan ~ncludes mformat~on on ftmdmg avmlable for 2001 commumty developmem programs and proposed acttwtms Regulatmns reqmre a 30-day comment period on the plan and at least one pubhc heanng The comment period for Denton's Aetmn Plan ns April 1 through April 30 Cop~es of the plan are avadable for C~tlzen rewew at the MLK Jr Recreation Center, Dema Recreatlun Center and the Community Servtces D~ws~on OPTIONS · C1ty Council may request that changes be made to the proposed 2001 Actzon Plan aet~wttes prior to final acceptance City Counml may choose to accept CDAC and HSAC recommendations and make no changes to the proposed plan EST}NIATED SCHEDULE OF PROJECT Pubh comment period Aprd 1 through April 30 Comrmttee's brief C~ty Councd on plan Aprd 10 Actao~ Plan pubhc heanng April 17 C~ty CoUncil constders approval of Action Plan May 15 Subrmss~on of Actton Plan to HUD June 1 Enwrbnmental rewew process May 15 through July 20 Re'-~e~se of funds by HUD August 4 ProjeCt ~mtmtton August 5 Page 1 PRIOR ACTION/REVIEW (Councd, Boards, Commissions) City Councd received a presentation from the Community Development Adwsory Committee and the Human Services Committee at their April 10 work session The Community Development Advisory Committee and Human Servmes Advisory Committee, w~th assistance from the Community Services staff, developed recommendations for the use $1,768,968 in CDBG, HOME and program income on housing, capital improvements, nonprofit facthty lmprovemems somal services and program administration FISCAL INFORMATION All projects and programs approved under the 2001 Action Plan are funded with CDBG and HOME funds No general fund dollars are included ~n the proposed 2001 Action Plan See the attachment on page 3 for a list of proposed activities with the funding source(s) and amount(s) ATTACHMENTS Attachment, page 3 2001 ProJects/Activities Attachment, page 4 CDAC Recommendations Attachment, page 5 HSAC Recommendations An Action Plan booklet was provided for the April 10 meeting under separate cover Respectfully submitted L~nda Rathff Director of Community and Development Prepared by Barbara Ross Commtmlty Development Adm~mstrator Page 2 2001 PROJECTS/ACTIVITIES SUMMARY The City of Denton's total federal funding for 2001 is $1,768,968 Program funds have been allocated to an array of projects and activities to benefit low and moderateqncome households Each project ~s described m detml from pages 9 to 30 and ~s arranged by project number See the following hst of CDBG and HOME proposed projects and act~wt~es for their assigned project and page number Page # ProJect Name Amount ProJect # 9 Adult Day Care of North Texas $4,000 13 10 AIDS Services &North Texas $15,000 14 11 Boys and G~rls Club of Denton Co $12,600 15 12 ' CDBG Administration $233,694 1 13 DAHC Affordable Housing Oppormmty $86,250 2 14 ' Denton City County Day School Improvements $30,000 3 15 Denton Co MHMR (SIERRA) $9,000 16 16 East McKmney Sidewalk $84,525 4 17 Emergency Repmr Program $45,000 5 18 Family Health Care, Inc $30,000 17 19 ' Fred Moore ProJect Fence, Security Lighting & $111,000 6 20 [~elwtq~g Administration $59,600 7 21 Home Improvement/Reconstruction Program $444,825 8 22 ' Homebuyer Assistance Program $444,824 9 23 HOPE, Inc $30,000 18 241 Inman Street Wastewater Improvement $32,000 10 25 i Interfaith Ministries $17,250 19 26 ~ MLK Lighting ProJect $17,000 11 271 PARD ASAS/TRAC $17,000 20 28 PARD Kings K~ds Day Camp $19,800 21 29 PARD Owsley Summer Playground $12,600 22 30 Rental Rehabfl~tation Program $10,000 12 2001TotalFunding Allocated to ProJects $1,768,968 2001 Funding Avmlable ($1,768,968 2001 Unprogrammed Funds C Page 3 COMMUNITY DEVELOPMENT ADVISORY COMMITTEE 2001 FUNDING RECOMMENDATIONS FUNDING CDBG HOME APPLICATIONS REQUESTED FUNDS FUNDS Available ~ $769,024 ~$3614~0 1 Non Profit Denton County City County Day School Improvements $30,000 $30,000 $0 2 Non Profit. ~ I:Io~ing Progr~, CCA ~ ~ ~ $200.000 $0 $0 4 Non*P~ ] ~ ~ mg~g ~pp0~ P~0~ $141,000 $0 $86,250 4 Non.P~t D~~on ~ ~ $25,000 $0 $0 S CSDtv ~ ~S~ ~r~ $~75,000 $358,936 $85,888 CSD~v ~O~e~tove~e~6~ $477,004 $80,563 $364,262 7 cs D~v Emergency Repmr Progr~ $45,000 $45,000 $0 8 CS DlV Rent~ Rehabd~mtmn Program $36,400 $10,000 $0 9 CS D~v M~croente~nse Loan Progr~ $30,000 $0 $0 10 W~W Locust S~eet Was~water Improvements $75,000 $0 $0 11 W~W Im~ S~et W~tewater Improvement $32,000 $32,000 $0 12 ENG Mo~e S~eet B~eyele Lane ProJect $18,650 $0 $0 13 ENG East MeKlnney S~dewalk $84,525 $84,525 $0 14 ENG Johnson S~et Repave $54,700 $0 $0 15 ENG Kerley S~et ~pave $78,700 $0 $0 16 ENG Wood S~eet Repave $185,500 $0 $0 17 ENG Sco~ S~eet Extensmn $253,600 $0 $0 18 ENG Sco~ St Bmycle & Pedesm~ Path $60,000 $0 $0 19 ENG Mulkey Mozmgo & Lattimore Sldewal~ $203,250 $0 $0 20 ENG Hieko~ S~eet ~pave $182,523 $0 $0 21 ENG D~las Dnve/S~mmons LeR ~m S~gnal $132,000 $0 $0 22 ENG Bell Ave~ralne Left Turn Signal $7,800 $0 $0 23 PA~ Amerman Legion Annex $50,000 $0 $0 24 PA~ F~d Moore Fence Pro~eet $5,000 $5,000 $0 24 PARD Fred Moo~ Restroom Project $100,000 $100,000 $0 24 PA~ Fred Moore Perimeter Walk ProJect $42,000 $0 $0 24 PARD Fred Moore SeeunW L~ts/Eleeme (SeeunW Lighting Only) $34,100 $6,000 $0 24 PARD F~d Moo~ Basketball ~surfamng $45,000 $0 $0 2~ PA~ ~K Security ~d Lighting Project (Lighting Only) $41,350 $17,000 $0 TOTAL FUNDING ~ $3,245,102 $769,024 $536,400 ~ShMed requests ~e HOME ehg~ble act~vmes Page 4 AGENDA INFORMATION SHEET ^~enda Ite,m~ AGENDA DATE: April 17, 2001 DEPARTMENT. Planmng Department~ CM/DCM/ACM: Dave Hill, 349-8314 ~ SUBJECT - A-01-0002 (BlaggRoadAnnexattonArea) Hold the second of two public heanng regarding the involuntary annexation and service plan for approximately 46 acres of land m the eastern section of the City of Denton Extraterritorial Juns&ctlon (ETJ) The site is generally located on the south side of Blagg Road, approximately 1000' west of Lalcevlew Boulevard (A-01-0002) BACKGROUND An involuntary annexation proceeding is being considered by the City of Denton for the Blagg Road annexation area (See Attachment 1) The first of two required public heanngs was held during the April 3, 2001, City Council meeting Dunng the meeting, City Council received comments from surroun&ng neighbors In response to the comments regarding density through zoning, City Council noted that zoning of this property will take place at future meetings Written comments received, prior to this heanng, are provided (See Attachment 5) City Council will conduct the second of two required public hearing on April 17, 2001, to hear public comments and take action regarding the proposed annexation and service plan As indicated in the Annexation Schedule (See Attachment 2), the first reading of the Blagg Road annexation ordinance is scheduled for May 5, 2001, and the second reading is scheduled to occur on June 5, 2001 Both readings of the ordinance require super-majority adoption by City Council as per City Charter requirements SERVICE PLAN As per state law, a servme plan has been prepared and made available for public inspection (See Attachment 3) Because the area to be annexed contmns one abandoned house, immediate demand for services is low Future development of the 46 acre tract is anticipated to use only 41 acres of bmldable land, taking into account approximately 5 acres of Environmentally Sensitive Area The annexed tract will be entitled to city police protection, fire protection and prevention, emergency medical service, solid waste collection, mmntenance of roads and streets, library services, code enforcement, bmldmg inspections and consumer health services, and planning and development services upon the effective date of the annexation OPTIONS 1 Mmntam land area 2 Delete land area 3 Amend Service Plan 4 Deny RECOMMENDATION Staffrccommends that the annexatmn process proceed as scheduled Staffrecommends approval of the Serwce Plan ESTIMATED PROJECT SCHEDULE Counml as scheduled to hold the first reading of the annexatmn ordmance on May 1 $, 2001 and consider adoption of the annexation ordinance at the second reading on June 5, 2001 PRIOR ACTION/REVIEW The ~ssue of annexation of th~s area was first rinsed as a result of the property owner's representative requesting ~nfonnatlon on development regulations for the subject property A concept plan was presented to staff, showing 142 res~dentlal lots, with approximately 10,000 square feet per lot As th~s property as located ~n the ETJ, development would be subject to only the C~ty's,subdaws~on regulations, but not any zomng regulatmns The following ~s a chronology of A-01-0002, commonly known as Blagg Road Annexatmn Imtml Contact Date - December 13,2001 Pre-Design Application Date - January 8, 2001 City Cotmcd W/S Date - January 9, 2001 DRC Date - January 18, 2001 Petition fi~lng Deadhne - March 26, 2001 C~ty Council Date - April 3, 2001 P&Z Commlss~on Date - April 11, 2001 FISCAL INFORMATION Development of th~s property w~ll increase the assessed value of the c~ty, county, and school d~stnct It w111 reqmre no short-term pubhc improvements that are the respons~bthty of the c~ty ATTACItMENTS 1 Location Map 2 Annexation Schedule 3 Servme Plan 4 Written Comments Respectfully submitted Douglas ~ Powell, AICP D~rector of Planning and Development Prepared by Beth Hudson Planner I 2 ATTACHMENT 1 A-01-0002 (Blagg Road Annexation) NORTH LOCATION MAP Pg 3 Scale None ATTACHMENT 2 ANNEXATION SCHEDULE for the Blagg Road Annexation Area Friday, March 1,2001 Involuntary Annexation Pebtlon filed, Annexabon Study & Service Plans drafted, 30 day nobce of intent to annex sent to the property owner and each public entity or pnvate entity that provides services ~n the area Fnday, March 16 Annexation Service Plans completed Wednesday, March 14 Notice sent to be published on Saturday, March 17 on City Webs~te and in Denton Record-Chromcle for City Council's first public hearing Friday, March 16 Property owner notices and Posting of s~gns Monday, March 26 Deadline for receipt of petitions for opposition (10 days after notice) Tuesday, April 3 City Council conducts first pubhc hearing Wednesday, March 28 Notice sent to be published on Sunday, April 1 on City Webslte and in Denton Record-Chromcle for Planmng and Zon~ng's pubhc hearing on annexation and zomng and for second C~ty Council public heanng on annexation and zomng Wednesday, April 1'1 Planning and Zoning Commlss,on's pubhc hearing to consider making a recommendation to the City Council regarding the proposed annexation and the proposed zoning Tuesday, April '17 City Council conducts second pubhc hearing Sunday, April 29 Annexation ordinance published on C~ty Webs~te and ~n Denton Record-Chronicle Tuesday, May '15 First reading of annexation ordinance - City Council by a four- fifths vote institutes annexation proceedings Tuesday, June 5 Second reading and adoption of the annexation ordinance and zoning ordinance - City Council by a four-fifths vote takes final action 4 ATTACHMENT 3 CITY OF DENTON ANNEXATION PLAN FOR A-01-0002 (BLAGG ROAD) I AREA ANNEXED The annexation area is located m the eastern portion of Denton's Extraterritorial Jurisdiction and contams approximately 46 acres The annexation site is found south of Blagg Road, approximately 1000' west of Lakevlew Boulevard II iNTRODUCTION This service plan has been prepared m accordance with the Texas Local Government Code, Sections 43 021, 43 065, and 43 065(b)-(o) (Vernon Supp 2000) Municipal facilities and services to the annexed area described above will be prowded or made available on behalf of the C~ty in accordance w~th the following plan The C~ty shall provide the annexed tract the levels of service, Infrastructure, and infrastructure mmntenance that are comparable to the levels of service, infrastructure, and ~nfrastructure mmntenanee avmlable in other parts of the city with similar topography, land use, and population density III AD VALOREM (PROPERTY OWNER) TAX SERVICES A Police Protection, Code Enforcement, and Animal Control Police service, including patrolling, response to calls, and other routine functions, will be provided to the property upon the effective date of the annexation using existing personnel and equipment Code enfomement and animal control servmes will also be prowded to the property upon the effective date of the annexation using ex~st~ng personnel and eqmpment B Fire Protection Fire protection (w~thm the hm~ts of existing hydrants) and emergency medical services will be prowded to the property upon the effective date of the armexatlon using existing personnel and eqmpment C Road and Streets Mmntenance of roads and streets, including road and street hghUng, in the area to be annexed will begin upon the effective date of the annexation using existing personnel and eqmpment D Parks and Recreation Famhtles Mmntenance of parks, playgrounds, swtmmlng pools, and other recreational famht~es in the area to be annexed will beg~n upon the effective date of the annexation using existing personnel and eqmpment However, no parks, playgrounds, swimming pools, or other recreational facflmes currently ex~st m the annexation area E L~brary Services L~brary servmes wall be prowded to the property upon the effective date of the annexation using ex~stmg personnel and eqmpment F Braiding Inspections and Consumer Health Services Bmldmg inspections and consumer health servmes wall be made avmlable on the effecttve date of the annexation on the same bas~s and at the same level as s~mdar fac~ht~es are m~untmned throughout the C~ty Both services are prowded on a "cost recovery" bas~s, and permit fees offset the costs of servmes dehvered G Planmng and Development Services Planning and development services wall be wall be made avmlable on the effective date of the annexation using exmtlng personnel and eqmpment The Planmng and Development Department currently servmes this property by way of adm~mstrat~on of Chapter 34 of the Code of Ordtnances, concermng subd~vts~on and land development regulations IV UTILITY (RATEPAYER) SERVICES A Sohd Waste Collection The Ctty of Denton ts the exclustve res~denttal and commerctal sohd waste servme prowder tn the C~ty The Department is an entirely fee based operation and received no resources from taxes Sohd waste collection servme wall be prowded to the property upon the effective date of the annexation ustng exmtmg personnel and eqmpment The Ctty ofDenton Sohd Waste Department wall honor ex~stmg contracts wath pnvate sohd waste servtce prowders after the effective date of thts annexatton ~n accordance wath Texas Local Government Code, Sectmn 43 056(0) (Vernon Supp 2000) To receive sohd waste collectton service, the customer must contact the Caty of Denton Customer Service Office and submit a request/apphcatton for service Currently the stte contains one vacant residential structure B Water/Wastewater Facd~t~es Mmntenance of water and wastewater famht~es ~n the area to be annexed that are not wathm the service area of another water or wastewater utility wall beg~n upon the effective date of the annexatton using extsttng personnel and eqmpment Currently, the area to be annexed ~s prowded wath a private water well and a private wastewater system No C~ty of Denton water or wastewater hnes exist ~n the annexation area The C~ty shall prowde a level of servmes, ~nfrastmcture, and ~nfrastructure mmntenance that ~s comparable to the level of servmes, infrastructure, and infrastructure mmntenance avmlable m other parts of the ctty wath topography, land use, and populatton density stmtlar to those reasonably contemplated or projected ~n the area C Drainage Services Drmnage maintenance will be provided to the property upon the effective date of the annexation using existing personnel and equipment The City shall provide a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure mmntenance available in other parts of the city with topography, land use, and population density similar to those reasonably contemplated or projected in the area D Electrical Services Denton Municipal Electric is certified by the State and is obligated to provide electric utility service to the annexation area should a request be made by a property owner Electric utility service will be made avmlable on the effective date of the annexation on the same basis and at the same level as similar faclhtles are mmntmned throughout the city Denton Municipal Electric is the current electric service provider for this site V OTHER SERVICES Other services that may be provided by the City, such as municipal and general administration w~ll be made available on the effective date of the annexation The City shall provide a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and ~nfrastmcture mmntenance available ~n other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the area VI CAPITAL IMPROVEMENTS PROGRAM (CIP) Construction of additional water, sewer, street, and drainage facilities wall begin w~thln two and a half (2 ½) years unless certmn services can not be reasonable provide within that period If certmn services can not be reasonably provided, the City will provide those services within four and a half (4 ½) years after the effective date of the annexation unless the construction process is interrupted by circumstances beyond the control of the City Construction of other capital improvements shall be consider by the City as the needs dictate on the same basis as such capital improvements are considered throughout the City VII UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing chfferent levels of service VIII TERM This service plan shall be valid for a term often (10) years Renewal of the service plan shall be at the discretion of City Council IX AMENDMENTS The service plan may be amended if the C~ty Council determines at a public hearmg that changed conditions or subsequent occurrences make th~s service plan unworkable or obsolete The City Council may amend the service plan to conform to the changed colldltlons or subsequent occurrences pursuant to Texas Local Government Code, Section 43 056 (Vernon Supp 2000) ATTACHMENT 4 NOTICE OF PUBLZ:C HEAR;I:N6 A-0t-0002 The Glty Council of the City of Denton w~ll hold the first of two publlc heatings on Tuesday, April 3, 2001, to consider annexing approximately 46 acres into the corporate c~ty hmits of the City of Denton, Texas The property Is located In east Denton, south of Blagg Road, approximately 1000 feet west of Lakevlew Boulevard as shown on the backside of this notice Enclosed for your information Is the annexation and zone change request schedule, which notes all the required meebngs The Planning and Zoning Commission will hold separate public heanngs, on the same property, on Wednesday, April ~l, 200~, to consider making a recommendation to C~ty Council regarding the proposed annexation and zoning the unzoned property to Agriculture (A) zoning district, changing to Neighborhood,Centers (NCR-6 and NCMU-f2) upon adoption of the new Development Code The public hearings will start at 6 00 p m in the City Council Chambers of C~ty Hall located at 215 E McKinney Street, Denton, Texas Because you own property within the annexation area or within 200' of the subject property, the City Council would I~ke to hear how you feel about this annexation and zoning request and invites you to attend the public heanngs Pubhc hearings are deslgned to prowde opportunities for citizen involvement and comment. Please, In order for your opinion to be taken into account, return this form with your comments prior to the date of the pubhc hearing (This in no way prohibits you from attending and participating in the publ;c hearing ) You may fax It to th~ number located at the bottom, mall It to the address below, or drop it off In-person Planning and Development Department 221 N Elm St Denton, Texas 76201 Attn: Beth Hudson, Planner ! Please circle one _~ favor of request~ Neutral to request Opposed to request Comments We favor the zof%~ng request with the following conditions. Contractor to be l~mited to 3 houses per acre No trees to he removed on the frontaEe property due to road expansion or other work on BlaE8 Road Residents on BlaEE Road would have affordable or free access to wa~er/~e"wer Printed Name ' D°~OGtles ~1 Mailing Address 5511 ]~lass Road ~1~ City, State Zip Denton TX 76208 ,((~S) Telephone Number 940-383-7434 (Susl~.ess) '1~] Physical Address of Property within 200 feet 5511 Blass Road I ~ 9 CITY OP DENTON, TEXAS ClTYHALLWE~,~ · ucNTON, TEXAS 76201 · 9403498350 · (F)9403-497707 Mar'l$ O1 12t3;p ?~483~3010 po2 NO'I'T. CE OF PUBL31::C HEARJ:NG A-01-0002 The Olty Council of the City of Den{on will hold the first of two public hearings on Tuesday~ April 3, 20{~1, to consider annexing approximately 46 acres into the corporate city limits of the City of Denton. Texas The property Is located In east Denton, south of Blagg Road, appmxlmatety 1000 feet west of Le~evlew Boulevard as shown on the backside of this notice Enclosed for your Information is the annexation and zone change request scheduts, which notes ail the requlred meetings. The Planning and Zoning Commission will hold separate public hearings, on the same property, on Wednesday, April ~11, 2001, to consider making a recommendation to City Council regarding the proposed annexation end zonin~ the unzoned property to Agrloulture (A) zoning district, changing to Neighborhood Centers (NCR-6 and NCMU. f 2) upon adoption of the new Development Code. The pubttc hearings will ~{art at 6 00' p.m---~. In the City Councl[ Chambers of City Hall located at 215 E Mc. Kinney Street, Denton. Texas. Because you own property within the annexation area or w~thln 200' of the subje~t.proper~y, the City Council would like to hear how you feel about this ~ zor~Ino reouest and Invites you to at~end the public heanngs Public hearings are designed to provide opportunllles fei clbzen Involvement end ~omment Please, In order for your opinion to be taken Into account, return this form with your comments prior (u (Itu date or tl~e public hearing (Tltis It) no way prohtb~ you from attesting and participating In the public hearing ) You may fax ~t to th~ number located at the bottom, mall It to the address below, or drop It off In. person Planning and Development Department 22t N. Elm St. Denton, Texas 76201 Attn' Beth Hudson, Planner I Please circle one In favor of request Neutral to request Comments: state % .. '"_ .... Telephone Number' ~t~ ~ ..3~ Ph~al Addre~ of Prope~ wi~ln 200 feet ~,~ CI~OFDE~ON, T~S Ci~YH~LWI 10 [TON, T~ 03Z23/2001 14 44 9403824510 BFE SYSTEMS IH¢ PAGE OZ - NOT'J:CE OF PUBLIC HEARZ:N. A-01-O002 The City Council of the City of Denton wJJJ hold the first of two public hearings on Tuesday, Aprml 3, 2001, to consider annexing approxmmateJy 46 acres Into the corporate c~t¥ hmJts of the City of Denton, Texas The propert~ Is located In east Denton. eouth of Blagg Road, approximately 1000 feet west of Lakevlew Boulevard as shown on the backside of this notice Enclosed for your Informabon Is the annexation and zone change request schedule, wh, ch notes all the required meetings The Planning and Zoning Commission will hold separate public hearings, on the same property, on Wednesday, April II, 2001, to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property to Agriculture (A) zoning dlstrlc~ changing to Neighborhood Centers (NCR-6 and NCMU-12) upon adoption of the new Development Code The publ;c heatings will start at 6 00 p m In the City Council Chambers of City Hall located at 215 McKInney Street, Denton. Texas Because you own property within the annexation area or w/thin 200' of the subject property, the City Council would like to hear how you feel about this annexation and zonina reouest and Invites you to attend the public headngs Public hearings are designed to provide opportunlbes for citizen Involvement end comment Please, in order for your opinion to be taken account, return this form with your comments prior to the date of the public hearing (Th~s'i.n no way prohibits you from attending end par~cipabng in the public hearing ) You may fax It to the number located at the bottom, mail ~t to the address below, or drop It off m-person Planning and Development Department 221 N. Elm St. Denton, Texas 76201 Attn' Beth Hudson, Planner I Pleaae circle In favor of request Neutral to request ~ request C~mments Pr, nted Name: /~,'~'~ / /~. //'~ ,- Mailing Address: ~~ ~/~ C,ty, State Zip: ~~ ~"X Physl~l Address of Pmpe~y w~thln 200 feet NO CE OF PUBIC A 1 002 ~e C~ Council of the CI~ of DenOn Wlfl ho;d ~e fl~ of ~o pub}lc heatings 2001. to ~nsi~er annexing appmxlma~ly 46 acres in~ the ~mte ~ llmi~ of the C~ of Denton, Text. ~e pmpe~ Is lo~t~ In east De.on, sou~ ~ Blagg Road, approxlmate~ 10~ feet west of Le~v;ew ~u~evard as shown on the backside of ~s nobm En~osed for your lnfo~a~ ~ th~ an~t~n and ~ne change mque~ s~edu;e, which notes afl ~ required mee~ngs ~e P~nnlng and Zoning ~ommlsslon will hold separate public hean~gs, on the same prope~, on W~sday. Ap~I ~1. 20Of, ~ consider maM~g e ~=ommendaflon to CI~ Council regarding ~e p~p~ed ann~ation and zoning fhe unzoned prope~ ~o ~Hcul~ (A) zoning dls~i~ Nelghbo~ ~n~ (NCR~ and NCMU-f2) upon adop~on of the new DevMopm~t C~e ~e public ~Hngs ~fl s~ at 6'00 p.m In the Cl~ ~un~ Chambers M~inney ~et, DenOn, Te~s Because you own prop~ w~hfn ~e annexa~on ama or ~ln 200' of the subJe~pmpe~, the C~ ~un¢ll would like to hear how you feel abo~ this ~ end Inv~s you to a~end the publi; heanngs Public heaH~s oppo~n~l~ for titian Invo~ement and ~mmen~ Pleese, In order fo~ your opln;on to ~ ~n into ~unt, ;etu~ th~ ~ w~h your ~mmen~ ~or to ~e date of t~e public hea~ng (~s]n no way pmhlb~s you ~m a~endlng and pa~pa~g In ~e publi= heaHng) You may ~x ~ to ~ number lo.ted at ~e bosom, mat~ ~ to the addr~s be~, or drop it off I~pe~on Planning and De~lopment Depa~ent ~t N. Elm ~t. Denton, Texas 7~01 A~n= Beth Hudaon, Planner I Please circle one: In favor of request Neutral to request (l~pposed to req~uu~t_~ Comments: Olgnature ~ ~ ~ s te z p. q 7 Telephone Number' ~.-..G~- ~G~ ~ , ,, C~ OFD~TON, T~A8 ~ ~2. ~ou, T~ 7~oi · ~om~e~ - ~~ DENTON CO CS, CD Fax 9405655649 Mar :50 2001 15 25 P O! NOT]:CE OF PUBL.T¢ HEAR]:N& A-014)002 The Cit~ Caul leu of the City of Denton will hold the first of two public hearings on Tuesday, April 3, :2001, to cons1 der annexing approximately 46 ar, res into the corporate city limits of the City of Denton, Texas. The roparty is located in east Denton, south of Blagg Road, approximately t000 feet west of Lekeview BoL ~vard ae shown on the baokslde of this notice Enclosed for your Informatioh Is the annexation er ~one change request schedule, whlch notes all the required meetings The Planning and Zoning ~mmlasfon will hold separate public hearings, on the same properly, on Wednesday, April fi, 200t, to consider making · recommeadation to City Council regarding the proposed annexation nd zoning the unzonsd property to Agriculture (A) zoning dfetrle~ =hanging to Nelghborho~ Centare (NCR-6 and NCMU.t2) upon adoption of the new Development Code The public h rings will start at 6'00 pm. In the City Council Chambers of City Hall located at 215 E McKInney ~ed~, Denton, Texas Because you own propsrb/ within fha annexation ares or within 200' of the sub sot re rty, the City Council would I#ce to hear how you feel about this o--~anitles ~for citron Invo~vamertt en~l comment r~ea== .......... . account, return this form with your comments prior to the date of the public heating (TMa in no way prohibits you from attending and participating In the public heanng ) You may fax it to th~ number located at the bottom, mall It to the address below, or drop it off In.person. Planning ~md DeVelopment Department 22,t N. Elm St. Denton, Texas 76201 Attn: Beth Hudson, Planner I In favor of re uest Neutral to request /~ Opposed to request ,, . jr-, .j . AREA CALCULATIONS FOR A-01-0002(Bla~lg Road Annex,) Calculated By EAH Date Calculated 4/5/01 A TOTAL AREA (S~te and 200' Not~ce Area) 3,406,757 s f B AREA OF SITE ONLY 2,027,934 s f C AREA WITHIN 200' NOTICE AREA (A - B) 1,378,823 s f 1 PROPERTIES IN OPPOSITION Location / Address Area* 5511 Blagg Road 21,099 s f 5521 Blagg Road 18,322 s f 5533 Blagg Road 19,019 s f 5555 Blagg Road 36,805 s f 5579 Blagg Road 25,961 s f 5610 Blagg Road (approx) 358,284 s f 3978/528 Blagg Road 83,681 s f Total Area in Opposition 563 171 s f Area of property within 200 of subject property 2 PERCENT OF NOTICE AREA IN OPPOSITION (1/C) 40 1% I AGENDA INFORMATION SHEET Agenda Itom~~ AGENDA DATE: April 17, 2001 DEPARTMENT' Planning Department ~V CM/DCM/ACM: Dave HIll, 349-8314 ~ SUBJECT - Z-01-0002 (1808 N Elm Street) Hold a pubhc heanng and cons]der adopt]on of an ordinance rczonmg approximately 0 2 acres, commonly known as 1808 North Elm Street, from a General Retad (GR) zomng district to a Planned Development (PD) zomng district The Detailed Plan proposal is to allow general retail and single family uses on the property The Planmng and Zomng Commission rccommands approval (6-1) with condltmns (Z-01-0002) BACKGROUND The applicant is requesting rezone this property to have the ability to uhhze the existing structures as either general retml uses or single family uses } The property is located in the General Retml (GR) zomng d]smct created in January 14, 1969 by Ordinance 69-01 Pr]or to that t~me, tlle structures on the site were used for single-family houses Recently, the mmn budding was ut]hzed as a shoe repmr servme and thereby lost ~ts non-conforming use as a residence The surrounding neighborhood is a m~xture of single- family residential, offices, and slngle-famdy houses that have been converted to offices A Planned Development (PD) is the only zomng classfficatlon that will allow for both office and residential uses on the same property ~ The Denton Plan shows th~s area to be within the Downtown Umvers]ty Core District Th~s area is intended to have a mix of educational, residential, retad, office, service, government, cultural, and entertmnment development It is a place where residents can live, work, learn and play in the same neighborhood The proposed Detailed Plan meets the intent of The Denton Plan by providing both retml uses and single family uses ~ Compliance wrth draft Zomng The draft zomng map denotes th~s s~te as "Downtown Umvermty Residential 2" (DR-2), which allows Single Family units by right and retail uses by right ~' Thirteen (13) property owners were notified &the zoning request Three (3) responses have been received opposing the request, and one (1) response has been received neutral to the request (See Attachment 3) OPTIONS 1 Approve as submitted 2 Approve with condmons 3 Deny, 4 Postpone consideration 5 Table item P&Z SUGGESTED RECOMMENDATION The Planning and Zoning Commission recommends approval (6-1) of th~s zoning request w~th the following conditions 1 The documentation of the ex~stmg development on the property shall constitute a Detailed Plan 2 Uses shall be hm~ted to those of the General Retail (GR) zomng district plus single family uses 3 Any new non-residential l~ght~ng on the property should be designed and maintained so as not to sh~ne on or otherwise disturb the surrotmdmg adjacent properties or to shine and project upward, to prevent the diffusion into the mght sky 4 A change m land use shall be cause for all s~gns to conform to the S~gn Ordmance ESTIMATED PROJECT SCHEDULE No new development has been proposed PRIOR ACTION/REVIEW The following ~s a chronology of Z-01-0002, commonly known as 1808 N Elm Street Apphcat~on Date- March 5, 2001 P&Z Date - March 28, 2001 Prior CC Action - April 3, 2001, rehefwa~ver granted from Interim Regulations FISCAL INFORMATION No new development ~s proposed and the re-zoning of th~s property w~ll have no effect on the assessed value of the c~ty, county, and school d~str~ct ATTACHMENTS 1 Planmng and Zoning Commission Report, March 28, 2001, Z-01-0002 2 Planmng and Zoning Commission minutes from March 28, 2001 3 Property Owner P. esponses 4 Draft Ordinance 0~lly subm~d owell, AICP D~rector of Planmng and Development Prepared by Beth Hudson Planner I 2 ATTACHMENT 1 PLANNING AND ZONING COMMISSION STAFF REPORT Subject 1808 N Elm Case Number Z-01-0002 Staff Beth Hudson, Planner I Agenda Date March 28, 2001 Hold a pubhc heanng to consider making a recommendation to C~ty Council regarding the rezomng of approximately 0 22 acres, commonly known as 1808 N Elm, from a General Retail (GR) zomng d~stnct to a Planned Development (PD) zoning d~stnct The proposal is to allow general retail and residential uses on the property ~ ~ ....... L ] ~o~t~on ~800 ~ film 8troot Size Approximately 0 22 acres 3 Applicant City of Denton Owner Clark L~ndholm 215 E Mcklnney 1808 N Elm Street Denton, TX 76201 Denton, Texas 76201 The subject property was placed in General Retail (GR) zoning d~stnct and land use class~flcabon in 1969 by Ordinance 69-01 (see Enclosure 1) Prior to that t~me, the building was used as single-family residence From December 1984 to the recent past, the site has been utilized as a servme estabhshment The owner of the property would hke the ab~hty to utlhze the site for both res~denbal and general retail use A Planned Development (PD) ~s the only zoning classification that w~ll allow for both retail and residential uses on the same property 1999-2020 Comprehensive Plan Analysis The Comprehensive Plan idenbfies th~s property to be within the "Downtown Umverslty Core D~stnct" (See Enclosure 2) Th~s area is intended to have a mix of educational, residential, retail, office, service, government, cultural, and entertainment development It Is a place where residents can live, work, learn and play In the same neighborhood Staff finds the request to be consistent w~th the Comprehensive Plan and w~th the draft Zoning Map The draft Zoning Map proposes Downtown University (DR-2), which allows both small retail and residential uses by right I Transportation A Trip generation The property is currently zoned General Retail (GR) As single-family, the site would generate approximately 10 trips per day* Neither the current service use nor s~ngle family uses would negatively ~mpact the surrounding area *Proposed Average Trip Generabons prowded by the Institute of Transportation Engineers, 1991 B Access Ex~sbng access is on N Elm Street 2 Utlhtles Th~s s~te has access to existing water and sanitary sewer hnes 3 Drainage and Topography No new development ~s proposed at this t~me Any new development w~ll be required to design and construct a drainage system to city standards A prehm~nary drainage study w~ll be required 4 w~th the submission of a prehmmary plat The study must ~nclude calculabons of the lO0-year storm for all drainage areas on this property and any area that drains towards this property The developer must indicate the method by whmh the run-off wdl be carried across the property or stored on the property 4 S~gns As per the s~gn ordinance 5 Off-Street Parking New development must provide parking according to the regulabons of Chapter 35 (35-301) of the Code of Ordinances Using the current budding, general retad uses would be required to provide 5 spaces, whde single famdy uses would be required to provide 2 spaces 6 Landscaping New development will have to comply w~th the Landscape Code, which currently requires 15 trees per acre and 20% of all surfaces to remain perwous (plantable area) The draft Development Code measures landscaping coverage by tree canopy area 7 Open Space and Recreational Areas New residential development wdl be required to participate ~n the development of pubhc recreational areas Through the Park Dedication Ordinance, th~s site, ~f redeveloped, wdl contnbute to park land dedication and park development fees Dedication requirements are required dunng the platting process Park development fees are required pnor to the ~ssuance of budding permits 8 L~ght,ng Any new non-residential hght~ng on the property should be designed and maintained so as not to sh~ne on or otherwise disturb, surrounding res~denbal property or to sh~ne and project upward to prevent the d~ffus~on ~nto the mght sky 9 Environmental Quality impacts No negatwe environmental ~mpacts have been ~dent~fled January 14, 1969 - The subject property was placed ~n the General Retad (GR) zomng d~stnct and land use class~flcabon by Ordinance 69-01 April 3, 2001 - Request for relief from the Intenm Regulations ~s to be heard by C~ty Councd The subject property ~s platted but has been ~llegally subdwlded New development on th~s s~te would require a replat to be completed Not~ce of the zomng request was published ~n the Denton Record-Chromcle on Sunday March 18, 2001 Thirteen (13) property owners within two hundred feet were maded legal nobces, and fifty-two (52) residents w~th~n five hundred feet were sent courtesy notices ~nformlng them of the request (see Enclosure 3) As ofth~s wnbng, there has been 1 response ~n favor of the request (see Enclosure 4) No neighborhood meetings have been held The use of the ex~sbng structures for both off~ce and res~denbal uses ~s consistent w~th the 1999 - 2020 Comprehensive Plan and w~th the existing surrounding land uses The surrounding neighborhood ~s a m~xture of s~ngle-famdy residential, offices, and s~ngle~fam~ly houses that have been converted to offices As only the uses of the ex,sting structures are changing and no new construcbon ~s proposed, the existing site conditions as ~denbfled ~n Enclosure 5 shall consbtute the Detaded Plan As w~th any Planned Development, any future alterations to the site or structures would require a new detailed plan and a new series of public heanngs ' · I Staff recommends approval of Z-01-0002 w~th the following conditions 1 The documentation of the ex~st~ng development on the property shall consbtute a Detaded Plan 2 Uses shall be hm~ted to those of the General Retad (GR) zomng d~stnct plus s~ngle famdy uses 3 Any new non-residential hghbng on the property should be designed and maintained so as not to sh~ne on or otherwise d~sturb the surrounding residential properties or to sh~ne and project upward, to prevent the d~ffus~on ~nto the mght sky 4 A change ~n land use shall be cause for all s~gns to conform to the S~gn Ordinance I move to recommend approval of Z-01-0002 w~th the following conditions 1 The documentation of the ex~st~ng development on the property shall constitute a Detaded Plan 2 Uses shall be hm~ted to those of the General Retail (GR) zomng d~stnct plus s~ngle famdy uses 3 Any new non-residential hght~ng on the property should be designed and maintained so as not to sh~ne on or otherwise d~sturb the surrounding res~denbal properbes or to sh~ne and project upward, to prevent the diffusion into the mght sky 4 A change ~n land use shall be cause for all s~gns to conform to the S~gn Ordinance 6 1 Recommend approval as submitted 2 Recommend approvalw~th conditions 3 Recommend demal 4 Postpone conmderat~on 5 Table ~tem 1 Zoning Map 2 Land Use Map 3 Notification Map 4 Property Owner Response 5 Existing Site Conditions (Photos and Map) ENCLOSURE 1 Z-01-0002 (1808 N. Elm Street) NORTH ZONING MAP Pg 8 Scale None ENCLOSURE 2 Z-01-0002 {1808 N. Elm Street) NORTH LOCATION MAP Pg 9 Scale None ENCLOSURE3 Z-01-0002 (1808 N. Elm Street) NORTH 200'-500' NOTICE MAP 200' Legal Nobces sent v~a Cerbfled Mad 13 500' Courtesy Nobces sent wa l't Class Mall 52 Number of responses to 200' Legal Not~ce · Opposed 3 · In Favor 0 · Neutral 1 Percent of land within 200' ~n opposition 16 4% pg lo Scale None ENCLOSURE 5 Z-01-0002 (1808 North Elm) PHOTOS V~ews of the subject property from the northwest 11 ENCLOSURE 5 Z-01-0002 (1808 North Elm) PHOTOS Wew of the subject property from the southwest Close-up of the rear structure ELM Condcnselt= ATTACHMENT 2 Page 97 I think as planners wa have ~o look at what ou ] MS GOURDIE NO 2 decisions that w~ make tomght will have 20, 30, 50 2 MR R[SHEL NO, It'S not 3 3 MR MCNEILL what does that mean 4 4 SNYOF.~ NO, that'S,lUSt the motion $ 5 failed, did not pass So you another 6 6 motion 7 I'm m r the last 7 MR 8 The only 8 Iris I'd to 9 Hudson 9 postpone thls zP et 0, which is 10 10 April 11 But I would certainly I 1 information with th~ TABC 12 -- It'S m} ~ would continue on m 12 MR MORENO 13 doing as non-conforming 13 MR MCNEILL 14 and, unless at such time protested 14 seconded to dela not the 15 that use, ~ dealt with at that 15 motion -- tho ltan until Any 16 time 16 discussion? 17 17 Motion passes 6-1 18 ~r this 18 19 motion fo , stu~:d 19 Ml~Iv All right Tbo next ~ten 20 earher 20 Agenda ~s pubhc heanng 21 ~ wants to make 21 22 he's at a two-pmnp gas 22 from ( Conmuss~on~' .~ 23 against full larger stations around this ar~a 23 is APPLE I'm sorry IJust wanted to 24 And :f v~ are plaenmg for stuff 20 years down 24 eor&aent real quleldy on why I vogd no, 25 tho road and we call Sherman Dave a ma,lot road, we have 25 what he finds out about th~ sathng b~er and wine won't Page 98 Page 100 I r that most of those homes aren't going to bo I really mak~ ty difference booa~ ~e the gentleman has 2 going to bo general retail 2 already satd aat tt's a moot po: L somewhat ~f they can't 3 shappenlngthere Solthmkwhatwo'm 3 s~llbenrand ~¢tnesothenwe'p '~ght back where we were 4 reall for the moment and I find that 4 I just wante to clarify -- 5 5 MR HEL ?omt of o er 6 6 MR dCNEILL In wha~ :speat? 7 have thlS I n this 7 MR ~ISHEL I th~nk th thscusmon was closed 8 8 when we el ed thc vote 9 down on ;anon ~s an open 9 MS ~PPLE 1 Can clar! my vote l0 bay much : them And I l0 MI~ MCNEILL carl ye gtve us an opmton on ll just realized doesn't sell i I that? 12 beer there so this wenld , addition to the 12 Mi SNYDER I'd hay, to look at your rules 13 beer and the wine to a, 13 To be hen t v~th you, I don; remember what your rules 14 which means they could rider a convenience 14 say on tl~ Gtve me a mom at 15 store operation So 15 ! ~NEILL okay, ,Vis Apple, do you have 16 uestions? Amyou 16 addttat~ fmments~ ~o 17 rendy to vote? St 17 kPPLE NO T~ u 18 to deny 18 MR MCNEILL okay )ur next ttem ts Item 19 the planned I convenience 19 9, as I stated, and I behave Ms Hudson ts going to 20 store A' ~, on 20 brmg the pubhc report on that 21 21 MS HUDSON Yes Thank you As I was 22 22 looktng through what has actually ended up tn your staff 23 MOI~NO VOTED I~ OPPOSITION ) 23 report, I re~dtzeA that you are nusstng a page 24 MR MORENO IS that tho same as a motaon tn 24 Fortunately, they're ptetures of the same property only 25 recommend? from u thfferent angle, so it's not that much of amtss ~ PLANNING AND ZONING COMMISSIO, 14__ .CH 28, 2001 Page 97 - Page 100 Condens~ItTM Page 101! Page 103 I out of your pack~ I g~neral retail use. s, as well as single-family uses by 2 What we're looking at tonight is an existing 2 right 3 building that was bmr as 4 presumably with tho zoning that was passed wben we started 4 typically 5 zoning in 1969 h was zoned for Oenoral Retail Up 5 MS aU~SON Right, which I behove is 10,000 6 through tho recent past, it has been used as a shoo re'prat 6 square feet and I think this house Is only about 1,600 7 winch dens fit into thc C_mncrul Retail classification 7 square feet 8 The property owner would hl~ tho ability to 8 MS IviCl~m[~ very good Comnussioners, do 9 usc this as a single-family reaidcnea but has lost that 9 you have questions for staff? Any additional queations 10 abthtybecallsehn- that is a non-confannmg usn tn that 10 forstaff? Thank you vcry much Okay Tinslsapublic 11 zoning classification Tho zoning case that you have 11 heanng and so I will open the pubha heanng And I 12 before you tonight is a planned development to allow thc 12 assume that since the City Is the applicant, thc apphcant 13 existing site to have both Otmcrel Retail uses on it, as 13 has already spoken 14 well as Single-Family uses on it 14 Is there anyone else la thc autheocc -- and I 15 Like th~ previous case, I do have handouts for 15 have oeo card, I hobevo, that would hkc to speak Not 15 you Thlsovcnmgwnhavconethatisneatealtathe 15 ontinsone, okay Isthoreanyonomthcautheacewho 17 request and,three that arc opposed to the request AS the 17 would nke to speak? Please come forward and state your 18 City is the npphcant on this site, one of tho things that 18 name 19 we're looking at doing is going straight to a detailed 19 Ms ANDERSON PatSy Anderson and I hvc on l0 plan and having the photos on tbe site or for tho site 20 1819 North Locust, and this property is almost behind mc 21 docament the existing centht~ons Wc have done this for 21 And I don't midcrstand why be wants to change it to single 22 two other propcr~ea in tho genarul area, one on North Elm 22 dwelling when overytinng around us is zoned for business 23 and one on North Locust within tho last 18 months Andl 23 It doesn't make sense to me to slop, have 24 will be happy to answer any other queations for you 24 business and then single dwelhng and thee business And 25 MR MCI~ILL commlsslones Williams 25 when I pass on, I want my property to go as business And Page 102 Page 104 I MS HUDSON Yes, sir 1 I have an alxartmeat complex next to mc on one side, oeo 2 MR WILLIAM~ Yes What OVelTldlllg interest 2 house and then Walgreen So it re, ally doesn't make sense 3 does the Gtty have m the zoning of tlus property? 3 to me why ho would want to change Ins dwelling to a single 4 Mit h"o'DSON That question would have to be 4 dwelhng 5 answered by City Counoil We have been directed by City 5 Ma MCi, mILL okay Staff would like to 6 Council to mtttate the case and I think Larry Relchhart 6 respond to that, I think 7 has some additional mformatian on that 7 MR REtCHHART I've had a nllmber Of 8 MR REICHHART It was the other two zoning 8 discussions with the property owner on tbs and originally 9 cases that triggered this In those cases, both 9 the structures, there's one up front and then thea'~'s the 10 appllcants had lost the abihty to use the restdencas fur 10 multi- or theduplex, I behove it is mthabackhave 11 smgle-famlly residential uses and their meter was being 11 always were ongqnally used as smglo-fanuly 12 charged a comraerctal rate for their utthttcs, although 12 residences Tho front structure was converted to an 13 they wanted to use the smleture for single-family uses 13 office I hohove it was a shoe repair shop for a number 14 And that'S what sturted tbe process m both of those cases 14 of years The property owner moved to a different 15 and m this case, also In those cases, City Courted felt 15 location He did get another tenant In them to uso that 16 that th~s area was a nuxed-use area that did, should have 16 as an office but that tenant Is moving out and ha has been 17 the ability to use the residences either for residential 17 approached to -- by someone to use that as a residence 18 or office-type uses, and they thought that based on the 18 If that had always been used as a residences, it wouldn't 19 1969 zoning that just blanketed these properttos as OfFice 19 bo any problem But because he stopped that uso and went 20 or General Retail, that it would be in the best interest 20 to the office use, basically, The Shoo Stop, ho lost the 21 that if the City were to initiate the zoning and cover the 21 ainhty to go hack to an office -- or to a smgl~-fanuly 22 cost of ttg advertiseillont 22 And what this will do, none of the sWactores 23 MS HUDSON I would also hke to point out 23 wll physically change Them won't be any adthttanal 24 that the new zoning olassificatlan that tlus is proposed 24 parking or anyttung hho that R would just be what is 25 to go to iS Downtown Residential 2 which will allow happening inside that front structure that umyboslx ~ PLANNING AND ZONING COMMISSI( 15 ICH 28, 2001 Page 101 - Page 104 CondenseItTM Page 105! Page 107 months or a year down the line, he could, would be able to I ordinance For example, most of the res, dences do not go back tO an office usc And he wants the ability to be 2 have a sign out m front of then' house and that if it able to flip and flop between office and rcmdential 3 goes from a house -- from a business to a house, that thc MS ANDERSON YOU mean just change -- keep 4 sign ordinance needs to be followed changing the zoning? 5 MR MCNEILL Cormmsstoner Moreno 6 MR REICHHART NO, no ~qhat -- this zoning 6 MR MORENO YOU'Ve given US thtl~ letters in 7 would allow ctther restdentlal use or the office 7 opposition 8 commeretal type uses So if he had a tenant five months 8 MS HUDSON Yes, sir 9 from now, slx months from now that wanted to do another 9 Ma MORENO And the percentage ,s well below 0 shoe repair store, he could do that And than two years 10 or somewhat below the 20 percent rule? from there, ff that guy moved out and sera, body wanted to 11 MS HUDSON uh-huh 2 use tt for a house again, he could do that, too 12 MR MOP. ENO IS that correct? Dtd you have 13 MS ANDERSON well, bow does that affect my 13 occaston to speak to these people? Dtd you get any 14 zoning on my street? 14 further input from them9 Do they have a full 15 MR P.~ICaHART It doesn't But w, th the new 15 understanding of what's gems on here? 6 Code that's being proposed, you m,ght have heard us 16 MS HUDSON i had tried to call the people 17 rations about tt a little blt tonight, that whole area, 17 who were m opposttion, but I was not able to etther leave 18 because there's a lot of smgle-fanuly restdenttal uses, 18 messages or get ahold of the people who had submitted the 19 there's a lot of multt-fmmly uses, and there's a lot of 19 letters I did call James Scribner beck beceuse he had 20 business uses tn that moa, tt's constdered a rmxed-use 20 returned the message, returned it wtth no mthcatlon of 21 area That whole mea, everybody would have that abthty 21 whathtsposltionwas So l had called hrm back and after 22 to erther use your house for a house or use it for a 22 fmdmg out that his position was neutral, ctreled that on 23 business 23 there 24 MS ANDERSON m other words, I can always -- 24 MR MORENO SO accorchng to the letters, 25 can I be assured that I can always sell my property for 25 they're opposed but we don't really know why? Page 106 Page 108 1 business? 1 MS, HUDSON That's corr~t 2 MR. REICHHART If the ngw zomng ts passed m 2 Ma MCNE[LL Any addiUonal comments? 3 tts current form, you would be able to do that 3 MS Hanson ~4o s~r 4 MS ANDERSON That's what I want to know 4 ivtR MCXqEILL okay Thank you 5 Thank yOU 5 Comnussmners, do you have chseusslon or -- let me see I 6 MR MCNEILL Thank you Is thoro anyone else 6 should close the pubhc heanng We opened that so I will 7 m the aucbence who would like to address this issue? 7 close it Any addit~onal discussion? Or a motion? 8 Anyone else tn the audience who would like to talk about8 Commissioner Ooardle 9 tlus? Seems none, I will close the pubhc heanng and 9 Ms oovRom I move to recommend approval of 0 ask staff if thoy have any closing comments 10 z 01-0002 with the following conditions doeumentaUon of 1 M~ HUDSON In doing my research for tlus 11 the existing development on the property shall constitute 2 case, I pulled the certtficates of occupancy for tt It 12 a detailed plan, uses shall be limited to those of the 13 began as a shoe repatr m December of 1984 and they 13 General Retail zoning district plus Smgle-Fmmly uses 14 renewed,then' oertfficate of occupancy m Der. x-tuber of '95 14 any new non-residential hghtmg on th~ property shall be 5 So for at least about ten years, probably longer, it has15 designed and maintained so as not to sh~ne on or otherwise 6 been a shoe repair 16 disturb the surrounding residential properties or to sl~ne 17 We are recommending approval vath a couple of 17 and project upward to prevent diffusion rote the mght 18 condtttons The fntst one ts that the documantatlen that 18 sky and number four, a chang~ in land uso shall be cause 19 you see tomght will constitute a detatled plan 19 for all signs to conform to the sign ordinance 20 Secondly, that they are lnmted the uses of 20 MS HOlT second 21 General Retml and Smgle-Farmly only The thud ts tf 21 Ma MCNEILL it'S been made -- mol~on has 22 they decide to go through and redevelop the stte, that any 22 been made and seconded I have one quesUon 23 new hghtmg on the s~te will not be an annoyance to the 23 Conmussioner Paahel 24 netghbors And the fourth one ts that a change m land 74 Ma vasn~[ ~4o, go ahead 25 use shall be cause for all stgns to conform to the stgn 16 MR MClqEILL Them is a -- at one mae I used lie PLANNING AND ZONING COMMISSION lvma~CH 28, 2001 Page 105 - Page 108 CondenseltTM Page 109 Page 111 1 to get rey shoes repah-ed there There was actually a Denton do not have a sign m their front yard :2 drive-through part of that facility Is that -- what has 2 UR RISHEL Other than temporary signs like 3 happened tn that? 3 pohtical signs that would be 30 days before the election 4 Ma ItlJDSON Based on the site visit that I 4 MR MCNEILL Exactly 5 had, it was not necessarily clear that they had a 5 MR RISHEL We know everybody complies with 6 drive-through However, there is pavement all the way 6 that 7 dowaonesule, around the haek, and up the other slde So 7 MR MCNEILL oh, no It's not that That's 8 they could have 8 not the man ordinance, unfortunately, but I don't think 9 MR MCNEILL SO does this, would this 9 you're correct, but you should check with your s,gn folks 10 rezomng resmet their ab,hty to continue to maintain 10 because I don't tlunk you can make them take that down 11 that drtve-throBgIl? 11 MS GOURDIE It's a permanent sign 12 MS HUDSON NO, sir 12 MR MCNEILL It'S not a permanent sign It 13 MR MCNEILL okay Thank you Commissioner 13 carnas a political reessage on It 14 Rtshel 14 MS OOURDIE YeS, it is It's adhered to 15 MR RISHEL I appreciate the motion that's 15 things in the ground which is it's a permanent sxgn It's 16 been made and it was a standard motion It was our old 16 fixed in the ground 17 standard motion And I think we have revised that in 17 MR MCNEILL NO The sign ordinance says, as 18 striking and we have shuck the word, at ttus point, 18 I recall when I read that, that you can have a political 19 residential and I forget what the word we plugged m there 19 statement In your yard and it specifies how and so forth 20 was 20 So I don't think that you'll be able to force hLm to take 21 MR REICHKART Adjacent properttas 21 that down 22 MR. RISHEL Adjacent properties If tt was 22 MS GOURDIE Isn't it though then' mounting, 23 a friendly motion, I'd hke to reake that to the person 23 it also states how a sign ts considered temporary or 24 that made that motion 24 permanent If it's mounted m the ground on a permanent 25 MR MCNEILL And your adjustment Is on No 3 25 pole, it's considered a permanent sign Page 110 Page 112 I MR RISHEL OB the tlurd, No 3, where tt 1 Ma, IUSHEL if it WaS on T-poles, at would 2 says "residential," it would say "adJoining properties" 2 be -- 3 MS COURDIE ACcepted, yes 3 MS OOUROIE Xes, on T-poles it would be 4 MR MCNEILL okay So we have a friendly 4 d~fferent 5 amendment 5 MIL MCNEILL I thlak not 6 MS HOLT I second 6 MR REICHHART But the sign is not ? MR MCNEILL okay So w~'re kosher them 7 advemsmg anything 8 All right 8 Ma msltEL ! flunk Mr Snyd~' would hke to 9 MR. RISHEL And then I have a question 9 clanfy 10 MR MCNEILL Go right ahead 10 Ma. S~Om~ yeah You know, I would have to 11 MR RISHEL DOCS that mean that the existing 11 go look at the sign orthnance I wouldn't know 12 sign thaPs on the property would be removed? 12 extemporaneously what the sagn ordinance says in that 13 MS HUDSON It d~pends on how he decides to 13 regard But if, an fact, it's not a business man -- 14 use the braiding next 14 MS OOURDIE It'S pohUcally motnvated 15 MR REICHHART Yes 15 MR SNYDE~ ^pohtacal sign as going to be 16 MS HUDSON if lt goes to Stngle-Famfly 16 ueateddafferentthanjustanormalbusinesssagn I'd 17 residential 17 have to go look at the orthnance 18 MR RISHEL okay It was just a question 18 MR RtSHBL I bet you'll do that before you 19 MR MCNEILL YeS wtueh7 19 meet '~nth City Council 20 MR REICHHART The intent ls to use it for a 20 ~a SI'Pt'DER Yeah 21 residence so they would not have a sign 21 Mil MCNEILL commissioner Wllhams 22 MR MCNI~ILL If they onnvert from a retail to 22 MU wmuanMs "es I'11 be voting agarest 23 a reSidence, then that prohibits them having a sign m the 23 this motion based upon tho same chscussion that I just 24 front yard 24 heard, flus fhp-flop back and forth And we're an the 25 MS HUDSON' Most other residences throughout 17 maddle of a development plan and wo are eonanually doing rile PLANNING AND ZONING COMMISSIO CH 28, 2001 Page 109 - Page 112 CondensoItTM Page 113 Page 115 thmgs we say to conform, but -- and I heard the reason downtown core district which was supposed to be a 2 that the City smd there was an ovemdmg interest, to 2 mtxed-u.se dtstrmt of residential, commercial, office, a 3 me, it wasn't a good enough reason for me to vote for flus 3 real viable area And I flunk they saw that the mabd~ty 4 motaon because I don't think anybody m going to die or 4 to be able to do that right now as opposed to waiting, you 5 any emergonoy is going to cause flus person to have to 5 know, at that tune it was a couple of years and now ~t 6 wait until the whole Development Code to be able to do 6 might be three or four months, whatever, that they saw 7 flus I can't -- m other words, I stdl have a problem 7 that as what the Comprehensive Plan had envisioned for 8 with rushing through things and doing things haphazardly 8 that area right now so they wont forward with the PD's 9 and I think continually approwng PD'S that will not be 9 MR MORENO Okay Thank you That helps 10 PD'S when we approve flus is haphazard I really do 10 MR MCNEILL DO you have additional questions 11 MR MCNEILL conlmisstonar Moreno 11 or comments? Excuse me Okay Thank you very much 12 MIL MOP. ENO y¢~/1 Kind of along the same 12 Conumssioners, do you have ad~twnal ¢hscusslon or do I 13 lines as Contrmssioner Wflhams, I'm trying to think 13 hear a motmn~ 14 through m my mind what other locatwns or what other 14 MS HUDSON There's been a motion on the 15 properhes that are zoned General Retail allow residential 15 floor 16 uses Can you ttunk of anyflung, Mr Retchhartor 16 MR MCNEILL oh, I'msorry Yeah lwent 17 anybody? 17 back to look at the Comprehensive Plan that was over here 18 MR REICHHART I cannot flunk of any from 18 or map of the plan I was trymg to see m the plan what 19 Oencral Retail that allowed residential But as was 19 that was zoned as or recommended as and that's 20 stated m the staff report, just south from here, we 20 Neighborhood Center, isn't it? 21 recently had done -- remember, the three cottages just a 21 MR REICHHART NO, Downtown University Core 22 little farther south on the street that we -- it was the 2:2 district 23 same thing They were zoned -- originally built as 23 Mi1 MCNEILL Okay Yeah Sorry for the 24 residential They were zoned Off'tee There's only hke 24 distraction All right Are you ready to voter Let's 25 from Umversity, there's two or three lots that are zoned 25 vote on the board then Motion passes 6-1 Page 114 Page 116 General Retail and the rest of North Locust is Office, but 1 (coMMIaslONEa WILLIAM,~ 2 tt Was very strmlar They'd always been used as 2 ~m MO, a~mL 3 single-family One was converted to an office, then they 3 discuss, and so forth on the future 4 moved out 4 ~ and future zoning map of the ~ And I 5 And the reason for the I'D is our zoning 5 -- dad we skap one? 10 I'm 6 ordinance doesn't allow two incompatible zomng 6 sorry Mr me we 7 alassfficattons And the way that's tdentifiad -- 7 have n 11 here and I to respond 8 residential on almost anything is considered incompatible 8 to that 9 And the only way to allow someone to have an office and l 9 tvta POWaLL on your Agenda 10 resldcotla[ use on the same property is a PD 10 for y'all to the Development 11 MR MOIl, ENO okay SO, again, along and more 11 Code and I tlank we smd 12 m line with Mr Wtlham's question, how Is flus going to 12 lateeess of thc evening; u want to 13 be classified or zoned when the new plan takes affect? 13 proceed 14 MR REICHHART I believe it's either going to 14 we dad put m your that 15 be DR 2 thon And DR 2 would allow -- 15 we would hke if not tomght, r the 16 MR MORENO DOwntown Residential? 16 next day, call . make changes to ould 17 MR REICHHART Downtown Resldentaal with the 17 be used as t of a discussion at 18 abdtty to go to offica and some retail uses 18 19 MR. MOREl, tO SO there will be a pigeon hole, 19 I so I'm not sure ff 20 so to speak, that wall more or less fit what we're doing 20 these Again, tt wasn't oar ~ntont that you 22 MR REICHHART Right And I think one of the 22 thc no~s that the subconmuttee members have 23 other reasons that City Council wished to unttate tins 23 24 case and the other two is that with the approval of the m MCNEILL NOW, wh~ ~ th~ 811b¢OIXlllllt~ 25 Comprehensive Plan, flus area was tdentafied as the 18 ~ports? THE PLANNING AND ZONINO COMMISSI(- ICH 28, 2001 Page 113 - Page 1 l~ I ATTACHMENT 3 NOTICE OF PUBLIC HEARIN6 Z-01-0002 The Planmng and Zoning Commission of the C~ty of Denton will hold a public heanng on Wednesday, March 28, 2001, to consider recommending approval to City Council the rezonmg request, commonly known as 1808 N Elm Street, in the General Retaml (GR) zomng d~stnct The 0 2 acre property ~s located on the east male of Elm Street, apprommately 250' south of Umvers~ty Drive The Detmled Plan proposes to allow single family uses and General Retml uses The pubhc hearing will start at 6 00 p m in the City Council Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Because you own property within 200' of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and inwtes you to attend the public hearing Please, in order for your op;mon to be taken into account, return this form with your comments prior to the date of the public heanng (Th/s in no way prohibits you from attending and participating in the public heanng ) You may fax ~t to the number located at the bottom, mall ~t to the address below, or drop It off in-person Plannlng and Development Department 221 N, Elm St Denton, Texas 76201 Attn' Seth Hudson The zoning process includes two public hearings designed to provide opportunities for citizen Involvement and comment Prior to the pubhc hearings, landowners w~th~n 200' of the subJect property are not~fied of the zoning request by way of this not~ce The first public hearing Is held before the Planning and Zoning Commlss;on The Commismon is ~nformed of the percent of responses in support and m opposltlon Second, the zoning petition is forwarded to the C~ty Council for final action prowd~ng the Commission recommends approval Should the Comm~ssion recommend denial, the petlfioner may then appeal the request to the C~ty Council If owners of more than 20% of the land area within 200' of the rote submlt written oppomt~on, then slx out of seven votes of the C~ty Council are required to approve the zonlng change These forms are used to calculate the percentage of landowner opposit;on Please circle one In favor of request ~/~eutral to request~ Opposed to request Comments, PrlntedName /) ..,..,~r~___~ ~'(~/~J~)/~__/~ Mailing Address ~-~ ,~ / City, State Zip~~) ~. ?~ Telephone Number ~ Physical Address of Prope~ wlthln 200 feet / CI~ OF DENTON, T~AS CI~ HALL WEST ·DENTON, T~S 76201 · 9403498350 · (F)9403497707 19 NOTICE OF PUBLIC HEARIN Z-01-0002 ' - The Planning and Zoning Commission of the C~ty of Denton wdl hold a pubhc heanng on Wednesday, March 28, 2001, to consider recommending approval to City Council the rezonlng request, commonly known as 1808 N Elm Street, In the General Retml (GR) zoning d;stnct The 0 2 acre property {s located on the east side of Elm Street, approximately 250' south of University Drive The Detailed Plan proposes to allow s~ngle famdy uses and General Retad uses The public hearing will start at 6 00 p m In the C~ty Council Chambers of City Hall located at 215 E McKmney Street, Denton, Texas Because you own property w/thin 200' of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and/nvltes you to attend the public heanng Please, ~n order for your opinion to be taken Into account, return this form with your comments pdor to the date of the pubhc heanng (This In no way prohibits you from attending and participating In the public hearing ) You may fax it to the number located at the bottom, mall It to the address below, or drop it off In-person Planning and Development Department 221 N, Elm St Denton, Texas 76201 Attn Beth Hudson The zoning process Includes two pubhc hearings designed to prowde opportunlties for c~t~zen involvement and comment Prior to the pubhc hearings, landowners w~thin 200' of the subject property are not~fied of the zoning request by way of this notice The first pubhc hearing is held before the Planmng and, Zoning Commission The Commission is ~nformed of the percent of responses In support and m opposition Second, the zoning petit~on i~s forwarded to the City Counml for final action prowd~ng the Commission recommends approval Should the Comm~smon recommend denial, the pet~tioner may then appeal the request to the C~ty Council If owners of more than 20% of the land area within 200' of the s~te submlt written oppomt~on, then slx out of seven votes of the C~ty Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please clrole one In favor of request Neutral to request ~to request~ Comments' Ma,hng Address {~' ~ ,~D )~., /~ [/,~ City, ~tate Zip Telephone Number ~,~0~_ '~ ~r~.. Physical Address of Property within 200 feet /'~) ClTY OFDENTON, TEXAS ClTY HALL WEST · DENTON, TEXAS 76201 · 9403498350 · (F)9403497707 20 NOTICE OF PUBLIC HEARIN Z-01-0002 The Planning and Zoning Commission of the C~ty of Denton w~ll hold a pubhc hearing on Wednesday, March 28, 2001, to consider recommending approval to C~ty Council the rezonlng request, commonly known as 1808 N Elm Street, in the General Retail (GR) zomng d~stnct The 0 2 acre property ~s located on the east side of Elm Street, approximately 250' south of Unlverstty Dnve The Detailed Plan iproposes to allow single family uses and General Retail uses The pubhc hearing will start at 6 00 p m in the City Council Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Because you own property w~thln 200' of the subject property, the Planning end Zoning Commission would tike to hear how you feel about this zoning change request and invites you to attend the public hearing Please, in order for your opinion to be taken into account, return th~s form with your comments prior to the date of the pubhc heanng (This in no way prohibits you from attending andparticlpating In the pub/lc hearing ) You may fax it to the number located at the bottom, mall it to the address below, or drop It off in-person Planning and Development Department 221 N. Elm St, Denton, Texas 75201 Attn-' Beth Hudson The zoning process Includes two pubhc hearings designed to provide opportunities for c~t~zen Involvement and comment Prior to the public hearings, landowners w~th~n 200' of the subject property are nobfied of the zoning request by way of th~s notice The first public heanng is held before the Planning and Zoning Commission The Commission Is Informed of the percent of responses In support and In opposition Second, the zoning petition Is forwarded to the C~ty Council for final action providing the Commlsslon recommends approval Should the Commission recommend denial, the pet~tioner may then appeal the request to the City Council If owners of more than 20% of the land area within 200' of the site submit written opposition, then slx out of seven votes of the C~ty Council are required to approve the zon. lng change These forms are used to calculate the percentage of landowner opposition Please circle one' In favor of request Neutral to request Comments' Signature Printed Name / /O~7"~' t/ .,/~/~'~z'$'~/"t..-, r--.--.--.--.--.--.--.--.--.~ ~ ,, Ma,hng Address / ~'/'~ ~//~,(h'~u,~ ~' Telephone Number ,,~'~.~' - g ~/~ Physical Address of Property within 200 feet ~'.~_ /~r' .~'*".-~. ClTY OF DENTON, TEXAS CITY HALL WEST · DENTON, TEXAS 76201 · 9403498350 · (F)9403497707 21 NOTICE OF PUBLIC HEARIN Z-01-0002 The Planning and Zoning Comm~sslon of the City of Denton will hold a pubhc heanng on Wednesday, March 28, 2001, to consider recommending approval to C~ty Council the rezonlng request, commonly known as 1808 N Elm Street, in the General Retail (GR) zomng district The 0 2 acre property is located on the east side of Elm Street, approximately 250' south of University Dnve The Detailed Plan proposes to allow single family uses and General Retail uses The pubhc hea~ing w~ll start at 6 00 p m In the C~ty Council Chambers of C~ty Hall located at 215 E McKinney Street, Denton, Texas Because you own property w~th/n 200' of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and Inwtes you to attend the public hearing Please, m order for your opmlon to be taken into account, return th~s form with your comments prior to the date of the pubhc heanng (This/n no way prohibits you from attending and parhcipating in the public hearing ) You may fax ~t to the number located at the bottom, ma~l it to the address below, or drop It off In-person Planning and Development Department 221 N Elm St Denton, Texas 76201 Attn Beth Hudson The zomng process includes two public heanngs designed to prowde opportumt~es for c~t~zen Involvement and comment Prior to the public hearings, landowners w~thln 200' of the subject property are not~fled of the zoning request by way of this notice The first pubhc hearing Is held before the Planmng and Zoning Commission The Commission Is ~nformed of the percent of responses ~n support and in opposition Second, the zoning petltlon Is forwarded to the C~ty Council for final action prcwd~ng the Commission recommends approval Should the Comm~ssion recommend denial, the pet~tioner may then appeal the request to the C~ty Council If owners of more than 20% of the land area w~thin 200' of the site submit written opposition, then slx out of seven votes of the C~ty Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one~x~ e~' ~'Xd toreque.~ In favor of request Neutral to request ( ,.,~,~os Comments' Printed Name'-~--~-~.~'~-- ..../l-~.?,-"/~,~ - "~ Ma,hng Addreas I~?/~ ~ ~-'-,/-/~ ~'"'~// ~] ~.~ City, State ZIp "~(3~J'~-'O/~ , '-~ 7~' ~"-~)// Z Physical Address of Property within 200 feet ~ n'~ CITY OF DENTON, TEXAS CiTY HALL WEST · DENTON, TEXAS 76201 · 940 349 8350 · (F) 940 349 7707 22 AREA CALCULATIONS FOR Z.01-0002(1808 N. Elm Street) Calculated By EAH Date Calculated 3/26/01 A TOTAL AREA (S~te and 200' Not~ce Area) 216,122 s f B AREA OF SITE ONLY 8,953 s f C AREA WITHIN 200' NOTICE AREA (A - B) 207,169 s f I PROPERTIES IN OPPOSITION LocatEon / Address Area* 1819 N Locust Street 14,342 s f 1804 N Elm Street 9,940 s f 1812 N Elm Street 9,680 sf Total Ama m Opposition 33,962 Ama of property within 200' of subject property 2 PERCENT OF NOTICE AREA IN OPPOSITION (1/C) 16 4% 23 ATTACHMENT 4 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A DETAILED PLAN/DETAILED PLAN FOR APPROXIMATELY 0 2 ACRES LOCATED WITHIN A GENERAL RETAIL (GR) ZONING DIS"IR/CT, TO CHANGE TO A PLANNED DEVELOPMENT (PD) DISTRICT TO ALLOW FOR SINGLE FAMILY USES AND GENERAL RETAIL USES, THE SUBJECT PROPERTY BEING LOCATED ON THE EAST SIDE OF ELM STREET, APPROXIMATELY 250' SOUTH OF UNIVERSITY DRIVE, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY 1N THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-01-0002) WHEREAS, on February 1, 2000, the City Council adopted Ordinance No 2000-046 which established certain residential interim regulations (the "Residential Interim Regulations"), WHEREAS, on April 3, 2001, the City Council granted a waiver from the Non- residential Interim Regulations, and WHEREAS, on March 5, 2001, the City of Denton applied for a change in zomng for 0 2 acres of land located on the east s~de of Elm Street, approximately 250' south of Unlverslty Drive, from a General Retail (GR) zomng district classification and land use designation to Planned Development (PD) zoning dlsmct classification and land use designation with the intent to allow general retml and single family uses which appllcat~on includes a Detailed Plan/ProJect Plan, a copy ofwluch is attached hereto as Exhibit "A" (the "Detmled Plan/Project Plan"), and WHEREAS, on March 28, 2001, the Planning and Zoning Commission recommended approval of the requested change m zomng and the Detailed Plan/Project Plan, and WHEREAS, the C~ty Council finds that the Detailed Plan/ProJect Plan, w~th the conditions imposed herein, is consistent with the approved 1999-2020 Denton Comprehensive Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The zoning d~stnct classfficatlon and land use designation of the approximately 0 2 acres property described as the western 154 feet of Lot 2 of the Wheeler Addition, commonly known as 1808 N Elm Street (the "Property"), is changed from General Retml (GR) zomng dlsmct classfficat~on and land use designation to Planned Development (PD) zomng dmmct classfficatlon and land use designation under the comprehensive zomng ordinance of the C~ty of Denton, Texas to allow general retml and single family uses m accordance with the Detmled Plan The Detmled PlanfProject Plan and smd change in zoning are hereby approved, subject to the following conditions 1 The Photographs and drawing attached as Exhibit "A" constitute the Detmled Plan/ProJect Plan 24 S \Our Documents\Ordmancos\0BZ-0I 0002 doc 2 Uses shall be hm~ted to those of the General Retail (GR) zoning dlsmct plus single family uses 3 Any new non-restdentlal hghttng on the property should be designed and mmntmned so as not to shine on or otherwtse chsturb the surrotmdlng residential properttes or to shine and project upward, to prevent the dtffuston into the mght sky 4 All s~gns on the Property shall comply wtth the S~gn Ordinance of the City of Denton SECTION 2 The City's offictal zomng map is amended to show the change in zomng dtstnct classfficatton SECTION 3 If any provisions or the apphcatton thereof to any person or ctrcumstance is held lnvahd by any court, such lnvalldtty shall not affect the vahd~ty of other provtstons or apphcatlons, and to thts end the promstons of thru ordtnance are severable SECTION 4 Any person vtolatlng any prowslon of tlus ordinance shall, upon conwct~on, be fined a sum not exceedang $2,000 00 Each day that a provision ofth~s ordinance ~s v~olated shall eonstttute a separate and distinct offense SECTION 5 Thru orchnance shall become effective fourteen (14) days from the date of tts passage, and the Ctty Secretary is hereby dtrected to cause the captmn of this ordinance to be pubhshed twtee an the Denton Record Chromcle, official newspaper of the City of Denton, Texas, w~tlun ten (10) days of the date of its passage PASSED AND APPROVED this the day of ,2001 EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY · PAGE 2 EXHIBIT A Z-01-0002 (1808 North Elm) PHOTOS Views of the subject property from the northwest 26 EXHIBIT A Z-01-0002 (1808 North Elm) PHOTOS View of the subject property from the southwest Close-up of the rear structure 27 ELM ~8 0ate AGEND~ DATE: ^pnl 17, 2001 DEPARTMENT: Planning Dep~ent [. CM/DC~ACM: David Hill, 349-8314 ~ SUBJECT - SP-01-0002 (Immaculate Conceptwn Church) Hold a pubhc he~ng ~d consider adoption of ~ or&n~ee approwng a Project PI~ / Detailed PI~ fnr a 21 295 acre ~act generally located at the southwest comer of Windsor ~d Bo~le Brae The prope~ m m the Plied Development 86 (PD-86) zoning dlsmct A church ~d p~ochml school ~s proposed The Plying ~d Zoning Co~lssxon recommended approval (7- 0) with con&tmns BACKGROUND The appheant has requested approval of a Detailed Plan/Project Plan for a church facility and parochial isehool on this site The church w~ll eventually seat approximately 1,000 people and the school will contain grades K through 8 and hold approximately 500 students The development wall also contain auxiliary uses such as a parish center, church offices, a rectory, and about 9 acres of c~pen space for recreation This development would be bmlt out in phases, as indicated on the Pr6Jee'~ Plan / Detailed Plan (see Enclosure 2 of Attachment 1) Development of the site will be subject to the requirements of the interim regulations for nonresidential development (Ordinance No 2000-069) As such, a ProJect Plan is required to be submitted for review and approval by City Council ~ The subject property is located m the Planned Development 86 (PD-86) zoning district The Cone,pt Plan for PD-86, approved by Ordinance 84-133, designates this property for multlfamfly use (see Enclosure 3 of Attachment 1) Chumhes and schools are permitted in multlfamlly zomng districts ~ The proposed development is located within an Existing Neighborhoods/Infill Compatibility land rise area &The Denton Plan Staff finds the proposed development to be consistent with the Comprehensive Plan ~ Compliance with draft zoning the future zoning for this property, according to the draft development code, is Neighborhood Residential Mixed Used (NRMU-12) As currently written, this zomng district would permit churches but not private schools ~ Five (5) property owners were notified of the zomng request One (1) response has been received in favor of the request (see Enclosures 4 and 5 of Attachment 1) OPTIONS 1 Approve as submitted 2 Approve with conditions 3 Deny 4 Postpone consideration 5 Table item RECOMMENDATION The Planning and Zomng Commission recommends approval (7-0) of this zomng request w~th the following condition 1 L~ghtlng on the property shall be designed and maintained so as not to shine on or otherwise chsturb adjoining property or to shine on and project upward to prevent the diffusion into the mght sky ESTIMATED PROJECT SCHEDULE Th~s property is not platted and would need to be platted prior to development PRIOR ACTION/REVIEW The following is a chronology of SP-01-0002, commonly known as Immaculate Conception Church Apphcatlon Date - January 22, 2001 DRC Date(s) - February 1, 2001 P&Z Date - March 28, 2001 FISCAL INFORMATION Because the proposed development is exempt from property taxes, ~t would not increase the assessed value of the c~ty, county, and school dlstr~ct As a form of refill development, no extension ofpubhc infrastructure ~s necessary to service th~s s~te ATTACHMENTS 1 Planmng and Zomng Commission Report, March 28, 2001, SP-01-0002 2 Planmng and Zoning Commission minutes from March 28, 2001 3 Draft Ordinance Respectfully submitted ^ cP D~rector of Planning and Development Prepared by Thomas B Gray J Planner I ~ ATTACHMENT 1 ,; A§e';d~ No ~ PLANNING AND ZONING COMMISSION Ag~'~--~-~-- STAFF REPORT ~ Subject: Immaculate Conception Church Case Number. SP-01-0002 Staff. Thomas B Gray, Planner I Agenda Date' March 28, 2001 Hold a pubhc heanng and conmder recommending approval to C~ty Council a Project Plan / Detailed Plan for a 21 295 acre tract generally located at the southwest corner of Windsor and Bonnie Brae A church and parochial school ~s proposed LOCATION MAP Location' Southwest corner of W~ndsor and Bonme Brae Size 21 295 acres SP-OI-O002 3 Applicant. Msgr Charles King Owner. Bishop Joseph P Delaney Immaculate Conception Church Cathohc D~ocese of Fort Worth 1215 N Elm Street 800 West Loop 820 South Denton, Texas 76201 Fort Worth, Texas 76108 The developer is requesting approval of a Detailed Plan/Project Plan for a church facility and parochial school on th~s 12 295 acre rote (see Enclosure 2) The church will eventually seat apprommately 1,000 people, the school w~ll contmn grades K through 8 and will hold approximately 500 students The development will also contain church offices, a pansh center, a youth center, a rectory, landscaped areas, parking and about 9 acres of open space for recreation The development w~ll be constructed ~n phases The school will be built dunng the first phase of construction, the church and other bull&ngs w~ll be completed later The phasing of the development ~s ~ndlcated on the Detailed Plan/Project Plan The property ~s currently undeveloped It is bordered to the west by the Windsor R~dge subdivision, which ~s currently under construction Undeveloped property zoned Agnculture (A) ~s located to the north and south of the subject property, North Lakes Park ~s to the east (see Enclosure 1) The property directly to the northeast of the proposed development ~s reserved for neighborhood services, most of this property, however, hes w~thln a floodplain The applicant m proposing compatibility measures such as a landscaped bufferyard and brick exterior to ensure compatibility with the adjacent neighborhood The approved Concept Plan for PD-86 (see Enclosure 3) demgnate~ th~s property for Multffamlly use, which would permit churches and schools 1999-2020 Denton Comprehensive Plan Analysis The Denton Plan places thru property within an Emsbng Ne~ghborhoods/Infill Compatibility land use area New development w~th~n estabhshed residenbal areas should respond to ex~sbng development w~th compabble land uses, patterns and design standards Ex~stmg neighborhoods w~th~n the c~ty should be protected and preserved Neighborhood services such as churches and schools are allowed Staff finds th~s proposed rezonmg to be consistent vath the Comprehensive Plan Transportation A Tnp generabon The proposed development would generate approximately 1,719 tnps per weekday and 879 tnps on a Sunday if built out w~th a church and school (see Table 1) SP-01 0002 4 Table I Proposed Trip Generation Land Use Average Trip Estimated students Total Trip Generation Generation* or Sq Ft Church (weekday) 9 11 trips/1,000 sq fl 24,000 ft2 219 tr;ps Private School (weekday) ** 3 0 tr;ps/student 500 students 1,500 tr~ps Church (Sunday) 36 63 trips/l,000 sq ft24,000 ft= 879 trips total trip generation (weekday) 1,719 trips total trip gelleratlon (Sunday), 879 trips * Caloulations provided by the Institute of Transportation Engineers, 2000 ** ITE does not provide s dally traffic rate for p#vate scho~s, this rate was assumed based on a morning peak hour generation of 0 92 trips per student and an afternoon peak hour generation of 0 64 t#ps per student B Access Access to thru development w~ll be prowded from Bonme Brae and Windsor Drive C Road Capacity Bonme Brae ~s ~dentlfied as a secondary major arterial road by the 1998 Denton Mob~hty Plan Th~s road ~s designed to be a four (4) lane undivided street w~thout parking, prov~d;ng four (4) lanes of through traffic As such, ~ts designed traffic capac;ty allows for a tolerable traffic flow of up to 14,900 trips per day Bonme Brae ~s currently constructed w~th four (4) lanes without parking The most recent traffic count for Bonme Brae indicates that there ;s adequate capac;ty to handle the calculated trips that could be generated by the proposed development A traffic count on Bonme Brae north of University showed a traffic volume of 7,826 vehicles per day Thru indicates an excess capacity of over 7,000 trips per day W~ndsor ~s idenbfied as a secondary major arterml road by the 1998 Denton Mobility Plan (see Enclosure 4) Th~s road ;s designed to be a four (4) lane d~v~ded street w~thout parking, providing four (4) lanes of through traffic As such, its designed traffic capac;ty allows for a tolerable traffic flow of up to 19,100 tr;ps per day Windsor ~s currently constructed w~th four (4) lanes without parking The most recent traffic count for Windsor ~nd~cates that there ~s adequate capacity to handle the calculated trips that could be generated by the proposed development A traffic count on W~ndsor west of Bonnie Brae showed a traffic volume of 3,576 vehicles per day Th~s ~nd~cates an excess capac;ty of over 15,500 trips per day The applicant has presented a Traffic Impact Analyms (TIA) as part of the required mformat~on for a Project/Detailed Plan appbcat~on Th~s study has demonstrated what ~mpact should be expected from thru development, as well as what transportation improvements will be required of thru development Staff has rewewed the apphcant's TIA and has recommended traffic ~mprovements such as a northbound left turn lane on Bonnie Brae at the development's dnveway and traffic s;gnal controls at the ~ntersecflon of Bonnie Brae and W~ndsor Staff w~ll work out details regarding traffic improvements w~th the applicant as development progresses D Pedestrian L~nkages S~dewalks along all pubhc streets are required An accessible route to all building entrances is required by Texas Access~bihty Standards (TAS) SP-OI-O002 5 2. Utilities This site has access to exmt~ng water and sanitary sewer hnes 3, Drainage and Topography New development will be required to design and construct a drainage system to c~ty standards A drainage study has been submitted and reviewed as part of the Detmied Plan/Project Plan apphcabon; and has been reviewed by staff The study contained calculations of the 100-year storm for all drainage areas on thru property and any area that drains towards thru property Proposed drainage improvements are shown on the Detailed Plan/ProJect Plan 4 Signs The applicant has indmated the location and design of proposed mgnage on the Project Plan/Detmled Plan 5 Off-Street Parking The apphcant ~s prowdmg a total of 500 parking spaces for the church and school 137 spaces w~ll be built as part of the first phase of construction 6 Landscaping Th~s property w~ll have to comply w~th the Landscape Code, whmh requires fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area) The applicant has provided a landscape plan as part of the Detailed Plan/Project Plan submittal 7. Open Space and Recreational Areas Nonres;dentfal development is not required to parbc~pate fn park dedlcat~3n requirements 8 Lighting Ordinance 2000-069 (the Nonremdentml Intenm Regulabons) reqmres that hght~ng on the property be designed and maintained so as not to sh~ne on or otherwise dmturb adJoining property or to sh~ne and; project upward to prevent the d~ffumon ~nto the mght sky Thru requfrement can be written ~nto the ordinance as a condition of approval 9 Environmental Quality Impacts A small pOrt,on of th~s property ~s located within an Environmentally Sensit~ve Area (ESA) No development ~s being proposed w~th~n thru area No s~gn~ficant enwronmental impacts are anbc~pated October 16, ~1984 - The subject property was placed ~n the Planned Development 86 (PD-86) zomng d~strlct and land use classification by Ordinance 84-133 (see Enclosure 2) The subJect property ~s not platted and would need to be platted prior to any development SP-01-0002 6 Notice of the z0nmg request was pubhshed ~n the Denton Record-Chronicle on Saturday, Mamh 17, 200 F~ve (5) property owners w~th~n two hundred feet were ma~led legal nobces and 94 residents w~th~n five hundred feet were sent courtesy nobces ~nform~ng them of the request (see Enclosure 4) As of th~s writing, there has been one (1) response in favor of the request (see Enclosure 5) No neighborhood meetings have been held Staff recommends approval of SP-01-0002 with the following cond~bons 1 L~ghbng on the property shall be designed and maintained so as not to sh~ne on or otherwise disturb adjolmng property or to sh~ne and project upward to prevent the d~ffus~on ~nto the night sky I move to recommend approval of 8P-01-0002 w~th the following condition 1 L~ghtlng on the property shall be designed and maintained so as not to shine on or otherwise d~sturb adjolmng property or to sh~ne and project upward to prevent the diffusion into the n~ght sky I 1 Recommend approval as submitted 2 Recommend approval w~th conditions 3 Recommend demal 4 Postpone conmderabon 5 Table ~tem 1 Zoning Map 2 Detailed Plan/Project Plan 3 Approved Concept Plan for PD-86 (Ordinance 84-133) 4 200'-500' Nobfication Map 5 Property Owner Responses (1) 5P-01-0002 7. ENCLOSURE 1 NORTH SP-01-0002 (Immaculate Conception Church) NORTH LAKES PARK SITE ZONING MAP Agenda Date: IMarch 28, 2001 Scale' None 8 ENCLOSURE 2 Jl ENCLOSURE 3 /~ / AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SA~E WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY O~DINANCE NO. 69-1 AND AS SAID MAP APPLIES TO 51.9 ACRES OF LAND LOCATED AT THE SOUTHWEST COP. NEH OF BONNIE BRAE AND PA%RE DRIVE, A~D IS MORE PARTIC~Y DESCRIBED HEREIN, TO iPHOVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION TO . PLANNED DEVELOPMENT "PD" CL~SIFICATION AND USE DESIGNATION, AND PROVIDING FOR ANEFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEHEBY ORDAINS SECTION.I. That the zonin8 classification and use designation of the following described property, to-wit: All that certain tract or parcel of land situated in the Frances Batson Survey, Abstract No. 43~ Denton County, Texas, being the same 52.98 acre tract conveyed by J. A. Gladish et ux to W. C. Collier on November 15, 1951, recorded in Volume 374, Page 609, Deed Records of said County and being more particularly described as follows: BEGINNING a2 the northeast corner of said Collier tract in the middle of a public road, THENCE south 1°55~ west with the middle of said road and the east line of said Bateon Survey 1145.38 feet to a point in said road, THENCE north 87015' west with a fence most of the way 1200.81 feet THENCE north 2°13! east with a fence 95.7 feet to a fence corner, T~ENCE north 5~23' wes~ wl~h a £ence 899.06 feet to e fence THENCE north l"06' east with a fence most of the way 1041.19 feet to a point in the middle of an east-west public road, THENCE south 87"38~ east with the middle of said public road 2095.96 feat to the place of beginninB, containing in all 52.986 acres of land. is hereby changed from Asricultural ~A~ District Classification and Use ~esignation t6 Planned Development "PD" Classification and Use designation under the comprehensive zoning ordinance of the City of Denton, Texas, SECTION II. That in approvinB this planned development district ordinance, the City Council hereby approves the comprehensive site plan for the areas deslBnated for single-family "SF-7t~ use as shown on the attached site plan and designated as Blocks A and B therein. SECTION III. That in approving the planned development district ordinance, the City Council hereby approves the preliminary site plan showing the proposed land uses within the areas deslBnated as Blocks C and D for zero .lot line use, Blocks E and F for multi-family (10 acres) use, Block H for neighborhood service (6.32 acres) and Blocks F and G for multi-family use (14.9 acres). Prior =o the issuance of any building permit for development of those uses listed in this Section III, a comprehensive site plan shall be required to he s~-~'~'a and approved as. part of this ordinance in accordance wi! ~e 11, Appendix B Zoning of the Code of Ordinances. 14. SECTION IV. That prior to issuance of any certificate of occupancy for the use of any buildins within the planned development district, the following conditions shall be me=: 1. Electrical service shall be underground except for major trans- mission lines. 2. That all resulations of Appendix B-Zoning of the Code of Ordi- nances applicable to singed-family l~SF-7" districts shall apply to the Site plan desisnated for single-family "SF-?" land use, unless otherwise specifically stated herein. 3. That in the area designated on the site plan attached hereto as "Neighborhood Service" there shall be no sales of alcohollc beverages, either for on or off-premise consumption. 4. That in the area designated on the site plan attached hereto as "Neighborhood ServiceTM there shall be no gasoline service stations permitted or motor fuel dispensins pumps or devices of any kind. , SECTION V. That the development of the property shall be in substantial compliance with the site plan attached hereto and made a part hereof for all purposes. The Zoning Nap of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas under Ordinance No. 69-1, be, and the same is hereby amended to show such change in District Classifica- tion and Use subject to the above conditions and specifications. SECTION VI. That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, amonS other things for the character of the district and for its peculiar suitability or particular uses, end with a view to conservins the value of the buildinss, protecting human lives, and encourasing the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION VII. That this ordinance shall be in full force and effect immedi- ately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after sivins due notice thereof. PASSED AND APPROVED ,his the /~]'~day of ~2"~'~ , 198' ~.a. lt.T, I~¥OR ~ N, TEXAS ATTEST. CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM dOE D. NORRIS, ACTIN~ CITY ATTORNEY CITY OF DENTON, TEXAS 1~. ENCLOSURE 4 ~ NOSTH SP-01.0002 (Immaculate Conception Church) SITE 200'-500' NOTICE MAP 200' Legal Notices sent via Cerbfied Ma~l 5 500' Courtesy Notices sent via 1" Class Mini 9~4 Number of responses to 200' Legal Not~ce · Opposed 0__ · In Favor 1_!_ · Neutral 0 Percent of land within 200' m opposition none Agenda Date: March 28, 2001 Scale None 17 ENCLOSURE 5 ' NOTICE OF PUBLIC HEARIN SP-01-O002 The Planning and IZonlng Commission of the City of Denton will hold a public hearing on Wednesday, Wednesday, Maroh 28, 2001, to consider recommending approval to City Council a Project Plan / Detalled Plan for a 21 295 acrs tract generally located at the southwest comer of Windsor and Bonnie Brae In the City of Denton, Denton County, Texas (see map on backside) The property Is In the Planned Development 86 (PD-86) zoning district A church and parochial school Is proposed The public hearing will start at 6 00 p m In the City Council Chambers of City Hall located at 215 E McKlnney Strset, Denton, Texas Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and Invites you to a~tend the pub/lc hearing Please, In order for your oplnlon to be taken Into account, return this form with your comments prior to the date of the pubhc hearing (This in no way prohibits you from attending and participating In the pub/lc hearing ) You may fax It to the number located at the bottom, mall It to the address below, or drop It off In-person Plannlng and Development Department 221 N, Elm St Denton, Texas 7620'1 Attn: Thomas B Gray, Planner I The zoning process Includes two public hearings designed to provide opportunltles for citizen Involvement and comment Prlor to the public hearings, landowners wlthln two hundred (200) feet of the subject property are notified of the zoning request by way of thls notice The first pubhc hearing Is held before the Planning and Zoning Commission The Commission Is Informed of the percent of responses In support and In opposltlon Second, the zoning petition Is forwarded to the City Councll for final action providing the Commission recommends approval Should the Commission recommend denial, the petitioner may then appeal the rsquest to the City Council If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submlt written opposition, then slx out of seven votes of the City Councd are required to approve the zonlng change These forms are used to calculate the percentage of landowner opposition. e~~eque~ Please circle one' Neutral to request Opposed to request Corem Printed Name Malllng Address City, State Z~p Telephone Number Physical Address of Property wlthln 200 feet CITY OF DENTON, TEXAS CrTYHALLWEST. DENTON, TEXAS 7620~ · 9403498350 · (F)9403497707 SP*O'I.O002 200'Notice [8. ATTACHMENT 2 vath the eXclusion of the [ v~'ll make a this? l just want t~he whole process9 a a lair time What ~s ~t gplt~'~t6 -- how/d, oc~ ~t affect where I q~iR. MCNEILL Is that - far a~ What am you~kmg abou 4 Oood Mr ~lchhurt 5 Thank 5 Mmhael, 6 6 7 At this ' ~ vnll take u 10 which 7 get a 8 is to hold f the 8 the platted -- they're 9 final plat of Lot 1 Leo 9 two lots that 10 And i 10 eithe~ ~t Into one lot 11 gmng to bnng 11 The, 12 'our backup 12 J ~ expand for 13 is m~ssmg thc pint mtt and t's what Marcy Is 13 14 14 MR 15 efo~ 15 MR r Robert 16 us tl~s eu 16 E Lee Addition 17 Robert E 17 MR 18 Block I o 18 19 acres at tho 19 even boundary ts 20 Mack e on the 20 They're 21 21 and a school plat map M/~kay This is a replat, theroforev~nXlumng a public h~anng MR NEWSO ftho MR MCNFJtL very goo~.~T~la~ Is there The plat confcmms Page [ DRC emth te audience? address thru MR. MCIlq~ILL ;, do 3 who would lflte~address the lssuo 4 none close th~gifubhc 5 5 6 6 7 7 , any 8 questions for At , I 8 comments, 9 will c w~'re 9 10 operaung u 10 11 11 imovo to a 12 12 of Lot 1, 13 ~. B & 13 being a r Addition 14 Ponder I'm 14 second 15 That's 16 about it plat Any discussion? Socln 17 x vote on the board, please Motion 18 Bussell? All 19 night 19 -"~' The next ~tem on our Agenda is Item 7 It's 20 ~ to !lglfress n the 20 a public hearing and I beheve Mr Oray is going to bnng 21 21 the report on the plat at the southwest comer of Windsor r name and 22 and Bonnie Brae please 23 M~ MORENO Mr Chairman, just a question 2105 Paisley 24 I'm a member of Immaculate Conceptmn Church and I just Strut n lS whom am they going with 15 waat to hear from legal as to any potential conflict of THE PLANqqIIqG AND ZONING COMMISSION MARCH 28, 2001 Pag~ 37 - Page 40 19 CondenscltTM Page 41 Page 43 ] mterast with that regard 1 the record 2 MR SNYDER There's no legal conflict of 2 MR WOODARD oecd evening I'm Oary Woodard 3 interest by just merely being a member of that church 3 I'm a r~vresentative of the budding comnunee for 4 MR MORENO okay Because I excused myself 4 Immaculate Conception We have here an engineer and 5 last time and Pve kind of had second thoughts and I'd 5 architect should there be any quesUons, they're available 6 like to stick around this tu~e 6 to you I don't know anything 7 MR SNYDER I recall last time and I think I 7 }aa MC~EmC You're in good company 8 advised you the same thing last t,~ne but you decided that 8 Commissioners, do you have a questions? Do you have any 9 maybe you'd better sit down at that tune But, no, 9 questions? Thank you very much Is there anyone else in 10 there's no, there's nothing under City rules or State law 10 the audience who would like to address this ~ssue? Anyone 11 that would say that this Is a conflict of interest 11 else in the audience who would like to address the issue? 12 MR MOi~NO Okay I'll stiok around 12 Anyone else? Iwdlthereforeclosethepubhahearmgon 13 MR MCNEILL verygood Does anyone else 13 llus A~enda item and ask staff if they have any elosmg 14 have a quastton because -- okay, Corflmtsstoner Moreno 14 comments 15 Okay Go ahead, Mr Gray 15 MR OR~Y We would recommend approval as 16 MR ORAy Thank you and good evecmg This 16 statedmthehackup 17 is a public heanng to consider a project plan/detailed 17 Ma MC~mLL okay Comrmss~oners, do you 18 plan for a 21 2 acre tract wluch is generally located at 18 have comments or discussion or a moUon? 19 the southwest corner of Windsor and Bonnie Brae Thc 1D MR RISHEL vd like to yield to Mr Moreno 20 proposal is to develop a church and school for the Church 20 to make a motmn 21 of the Immaculate Conception and I behove you do have 21 Ma MORENO The way I did the last one'/ 22 full size copies of the project plan tn your backup 22 Ma alstt£L Anyway you'd like to, sir 23 The plan is to bmld thls development m 23 MR WILLIAMS I think th~s ~s a bit more in 24 phases They're going to start with the education center 24 line with what we normally do 25 here, and over tune, they'll add the church, the rectory, 25 Ma MORI~NO well, I hate to slow things down Page 42 Page 44 1 the activity centers and such, such that at some point m 1 any, but tell me what that hghtmg condmon means, Mr 2 tune tlus will become a comprehensive church and school 2 Reichhart or Mr G-ray 3 facility with all the, I guess, all the accessory uses 3 M~ o~v It's just our standard hghtmg 4 that you would find m a large church 4 condmon We could do - I think a couple of weeks ago 5 As I said, they'll start vath a school that 5 we had diseasslon as to whether or not a hghung plan 6 will hold appmxnr~ately 500 students, that will be a K 6 should be required I tlunk we d~d for the McNatt 7 through 8 school, and then as tune progresses, they will 7 dealership In this case, we really don't expect, since a 8 add on vath the church and other such uses 8 church does not and a school does not operate m the same 9 The development ts part of the planned 9 capamty as perhaps a residential or, rather, a commercial l0 development I believe, it's part of the PD 86 zoning l0 development, we don't really consider hghUng to be a 11 district The concept plan for this development provides 11 problem but we normally add this hghOng condition to all 12 for multt-famdy use on this site, and tn accordance with 12 non residential zoning cases 13 our Zoning Code, chumhes and parochial schools are 13 Ma mSHeL And ~t is a httle bit changed 14 permitted in multl*fmmly dwelhng (hstnets Therefore, 14 from what we have recommended m the past because 15 no change in the concept plan for PD 86 lS ne~ssaD' so 15 typically in the past it would only affect ff u was 16 we're going directly to a deteded plan and project plan 16 shnmg onto residentaal propexty 17 for this development And I'll be happy to answer any 17 Ma MORetqO okay Well, m that case, I will 18 quasttons 18 move to recommend approval of sP el oo2 w~th thc following 19 MR MCNEILL colmmsstoners, do you have 19 conditaon hghtmg on thc property shall be designed and 20 questions for staff? Seeing none, thank you 20 maintained so es not to slune on or othervase disturb 21 MR GRAY Thank you 21 adjoining property or to shine and project upward to 22 MR MCNEILL SO this IS a pubhc heanng so 22 prevent the diffusion into the night sky 23 I'll open the public heanng and ask tf tho applicant or 23 Ma RISHEL It would be my pleasure to second 24 the apphcant's representative Is here and would hke to 24 that 25 make a comment Please state your name and address for 25 Ma MCNEILL Maybe I didn't hear ~t, I was THE PLANNING AND ZONING COMMISSION MARCH 28, 2001 Page 41 - Page 44 2O i CondenseltTM Page 45 Page I trymgtokeepltstnughthere, you just satd 002 You MRMC~ [do~ 2 meant 0002, didn't you? Three 0~s one question 3 MR MORENO well, I thought leadmg zeros 4 were moOt, Mr Engineer, but, yes, three O's and a 2 5 MR MCNEILL okay Good Allnght ~ CommisS~oners, you*ye heard the motion and there*s been a 6 7 second is thsre any &seusmon? Any d~seuss~on? Please 8 vote on the board 9 MR. RISHEL YeS, I'd hke tO -- I0 MR MCNEILL I'm sorry You're light was on 11 MR RISHEL I think tlus is really a 12 wonderful example, I think, of neighborhoods banding 13 together to try to promote the very best for then' 14 neighborhood opportumty and I think that th~s is a great 15 example of multiple neighborhoods m this area sticking 16 together and saying we want the very best opportumttes 17 for this pl~.,e of property, and tlmy didn't get it on 18 several different occasions And now we have something 19 that I tlunk is going to be very worthy of occupying that 20 wonderful spot right next to one of our C~ty parks and our 20 21 f'n.e statt0n, a lot of other infrastructure, and I'm very 22 proud of how tins has turned out for the neighborhood 23 MR MORENO At'non 24 MR. MCNEILL That amen is a second, right? 25 Very good If you have no addlttonal dtseuss~on, would My Page 46 I you vot~ on the board, pleas* Motion passes 7-0 effect, they've M~ MR that THE PLANNING 2001 Pag6 45 - P~ 21. ATTACHMENT 3 ORDINANCE NO AN ORDNANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 84- 133 TO PROVIDE FOR A DETAILED PLAN / PROJECT PLAN FOR 21 295 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 86 (PD-86) ZONING DISTRICT, THE SUBJECT PROPERTY BEING GENERALLY LOCATED AT THE SOUTHWEST CORNER OF WINDSOR AND BONNIE BRAE, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (SP-01-0002) WHEREAS, on October 16, 1984, the City Council approved a change m zomng for 52 9 acres located at the southwest comer of Windsor and Bonme Brae ~om Agucultural (A) zomng to Planned Development (PD-86) zomng, and WHEREAS, on March 2, 2000, the City Council adopted Ordinance No 2000-069 wlueh established certain nonresidential interim regulations (the '~Nonres~dential Intenm Regulations"), and WHEREAS, the Nonres~dentml Interim Regulations estabhshed, among other things, a project plan reqmremant, and WHEREAS, on 3'anuary 22, 2001, the Catholic D~oeese of Fort Worth, subnutted a Detailed Plan / Project Plan for 21 295 acres of land located w~tban PD-86 w~th the intent to develop a church and paroelual school, and WHEREAS, on March 28, 2001, the Plarmlng and Zomng Comrmsslon recommended approval of a Detmled Plan / Project Plan for such 21 295 acres, and WHEREAS, the C~ty Council finds that the Detailed Plan / Project Plan is consistent with the approved Concept Plan for PD-86 and meets the reqmrements of the Nonresidantaal Interim Regulations, NOW, THEREFOR, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 Ordinance No 84-133 providing for the approval of a Concept Plan for the Planned Development Zomng Dmtnet Classification and Use DemgnatIon for the property described as PD-86 ~s amended by approving the Detmled Plan / Project Plan attached hereto and incorporated herein by reference as Extub~t B for 21 295 acres located w~thm PD-86, more particularly described by the legal description attached hereto and Incorporated hereto by reference as Extublt A, subject to the following condition Lighting on the property shall be designed and maintained so as not to sh,,~e on or otherwise disturb adjoining property or to shine and project upward to prevent diffusion rote the mght sky 22 SECTION 2 The prowslons of this ordinance as they apply to the 21 295 acres shown in the Detailed Plan/Project Plan hereto approved, shall govern and eonffol over any conflmtmg provasmns of Ordanance No 84-133, but all the provisions of Ordinance No 84-133, as they apply to that remaining portmn of the d~stnct not herein amended, shall continue ~n force and effect and shall apply to the remainder of sa~d dmtnct SECTION 3 A copy of this ordinance shall be attached to Ordinance No 84-133 showing the amendment hereto approved SECTION 4 Any person wolatmg any provision of ttus ordinance shall, upon convletmn, be fined a sum not exceeding $2,000 00 Each day that a prows~on ofttus ordinance ~s ,aolated shall constitute a separate and d~stlnct offense SECTION $ Trns ordinance shall become effective fourteen (14) days from the date of ~ts passage, and the Caty Secretary ~s hereby d~rected to cause the csptlon of tlus ordinance to be pubhshed twice m the Denton Record Chromcle, officml newspaper of the Caty of Denton, Texas, w~tlun ten (10) days of the date of ars passage PASSED AND APPROVED ttus the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY PAGE 23 EXHIBIT A LEGAL. D~SCP~PTIO~ ~NM-ZRF.~S, The Chumh of the Immaou~ate ~n~ep~ i~ ~e ~w~e~ of .~. 21~95 sore Treat of land ~ In the ~. ~oN ~T, ~0~ ~0. ~, C~ of Denton, ~nton ~un~, T~ and ~1ng ~e same 21~g5 a~ Tr~ of land d~d In d~ to ~nn~e Brae, L~ ~o~ In Volume 4176, Page 21, of ~ ~ R~o~s of,~nton .~,.T~ .~ng ~e~ for ~e auwey ie ~e N~ fine o, ~e ama. ~n~ ~e, Tm~ ~Id 21~g5 eom ba~ ~Ing mom ~ou;a~ p~c~d and ~nds, as follows: g;O~ ~ a I/2" Iron ~ found, for ~e mo~ ~e~ ~w~ ~mer of ~e cam ~nnle Brae, L~ Tm~, and ~lng on ~e No~e~ I]ne of a Tm~ of ~nd d~cn~ In de~ ~ D. ~ne Gamble as r~o~ed in Volume ~, Page ~5 of ~ ~ R~s ~n ~un~, Texas; ~ N O~ 05' 38' ~ along ~e common line of ~e Bonnle Brae, -'~c~ and ~e D. ~ne ~mbte Tmc~ a dl~anoe of gl.63 f~ a 5/8" Iron ~ found, ~G~ dewing ~e sald oo~on line and over and a~e Bonnle Brae, L~ Tmc~ ~e rallying call;' S 87 25' 01" C a dl~anoe of ~ 1~ fee~ to a 5/8' Iron f~nd, NO~I~Y atong a ou~e ~ ~ leR h~ng a ra~ 618.~ f~t, a de~a angie of 11' ~1' 195 a ~ong eho~ ~at N 8~ ~' ~8" E, a dl~anae of 125.9~ f~ an am d~ance 128 f~, ~ 5/8 Iron r~ foun~, N O~ 07' 28' E, a ~an~ of 10~.1~ f~ to R~/~ f~nd, on ~e Nodh line of ~e said ~nn~e ~me, ciu, Im~, ana h~ng on ~e ~n~edine of ~md~r Drive; ~ S 8~ ~' ~' ~ along ~e nam No~.l~? and along ~e ~d~ een~e~ne a dl~anoe of ~.~ f~, to a ~/8 iron ~ found, for ~e No~ ~mer of ~e ;ald ~nnle Brae, L~. Tm~ and ~g ~ Ho~w~ oomer of a Tmo~ of land d~od~ In d~ P~emhlp as ~o~ed In Volume 1~6, Page ~ of R~orde of ~nton ~un~, T~a~ along~e oommon line of ~e ~ald ~nnie Brae, L~ Tra~ ~e ~P.S. Pa~emhip Tm~, ~e following f~nd; S 3~ 10' 5g" ~ a di~anoe of 575.10 f~ to a 1/2' found; - S 8~ 03' 01" ~ ~ a d~nce of 1~.59 f~t, to a PK ~II on ~e Ea~ line of ~e ~d ~le Brae, L~. Tm~ a~ ~ng ~e een~dlne of ~nnle Brae; ~ S 01' E6' ~" W, along ~e said ~ line and ~e eald ~ntedlne, a dl~anoe ~f 41~g7 feet, b a PK nell found, for ~ oomer of ~e eaM ~nnle Brae, L~ Tm~, ~0~ H 8T 28' 21" W, de~ ~e sold =en~e~Ine and along ~e ~ ~ne of ~e sam ~nnle Brae, L~.~ a d?~n~f_g5 l~.g~ f~t, to ~E POI~ OF BEGINNIN~ aha con.ming of ~nd mom or I~. EXHIBIT B 25, CHURCH OF THE IMMACU~TE CONCEPTION , AGENDA INFORMATION SHEET Age.da AGENDA DATE: April 17, 2001 DEPARTMENT: Planning Department CM/DCM/ACM. Dave Hill, 349-8314~ SUBJECT - A-01-0004 (Masch Branch Road) Hold the first of two pubhc heanngs regarding the mvolumary annexatmn and service plan for approximately 122 acres of land m the western section of the City of Denton Extratemtorml Junsdmtmn (ETJ) The site is generally located along Masch Branch Road south of Hampton Road north of H~ghway 380 BACKGROUND A batch asphalt plant has been proposed on Lot 2 Block l, of the Mamott Garden Addition, located along the west s~de of Masch Branch Road On February 6, 2001, City Council directed staff to initiate involuntary annexation proceedings for the subJect site On February 27, 2001, City Council demded to include in the involuntary annexation apprommately 90 acres along thc east side of Maseh Branch to be m comphance with Scchon 43 054 of the Local Government Code whmh states that munm~paht]es with a population of less than 1 6 million may not annexed property unless the w~dth at its narrowest point is al least 1,000 feet Thc total area of the proposed annexation Is approximately 122 acres The western portmn of the proposed annexatmn area encompasses an existing sand and gravel processing plant and port, on of the county road mmntenance facthty The eastern porhon includes two s~ngle-famlly lots along Hampton Road, one vacant parcel, and one farm The Denton Comprehenmve Plan 1999-2020 designates the western porhon of the proposed annexation area as an Employment Center and 100 Year Floodplain/Enmronmentally Sensmve Area The eastern portion is ~demffied as an Emstmg Nmghborhood/Infill Compat]bthty area The proposed zomng designation under the Devclopmem Code is Neighborhood Res]dentrol-2 (NR-2) Th~s zomng designation will allow primarily res]dentrol uses with a maximum density of 1 5 umts per acre The annexation area is also subJect to the A~rport Compat]bthty Land Usc District-2 (ACLUD-2) overlay d~stnct After thc aunexat]on of the subJeCt property, any development shall be m comphance w~th the regulations ~ncluded m the City of Denton Code of Ordinances, ~ncludlng but not hm~ted to zoning, subdivision and land development regulations, parkland dedmat~on, and landscape A neighborhood meeting was held on March 12, 2001, to d~scuss the proposed annexation with affected property owners The following issues were discussed dunng the meeting opposition to the proposed batch asphalt plant at Masch Branch Road, plans for the future expansion of the mrport and the impacts to the owners of single-family properhes, ]mphcat]ons of the ACLUD-2 mrport overlay district, the ability to mmntmn livestock and agriculture as permitted uses under the proposed zoning for the subject area, the preference of annexing only the portion of land along Masch Branch Road that ~s reqmred to make the 1,000 feet m~mmum width, and the burden of city taxes on property owners OPTIONS 1 Mmntaln land area 2 Delete land area 3 Amend Service Plan 4 Deny RECOMMENDATION Staff recommends that the pubhe heanngs proceed as scheduled, finding that 1 The need to manage and coordinate development in an orderly manner is a slgmficant c~ty objective that the City of Denton will pursue W~thout zoning and other land use regulations, subdivision plats can be filed and approved with no assurance of quality or adequate services While th~s may seem to affect those in the new development, all property owners m the wcimty suffer when road capacities become overwhelmed or other services become stressed 2 The annexation tract also contains acreage designated as Environmentally Sensmve Area, which have very ~mportant water quahty and flood control imphcat~ons The City of Denton intends to preserve these areas to act as a natural flood channels, rather than allowing filhng of floodplains and paying for expensive concrete-hned channels at a later date ESTIMATED PROJECT SCHEDULE The annexatmn process will be completed by Sune 19, 2001 (see Exhlbtt :2) PRIOR ACTION/REVIEW The following ~s a chronology of A-01-0004, commonly known as Masch Branch Road Annexation City Council February 6, 2001 February 27, 2001 FISCAL INFORMATION Development of thru property will increase the assessed value of the city, county, and school district It will reqmre no short-term public improvements that are the responslbthty of the c~ty ATTACHMENTS 1 Location Map 2 Annexation Schedule 3 Servtce Plan Respect~lly subm~tte~ / ~ ~ t~ouglas S~l~owell, AICP D~rector of Planmng and Development Planner I 2 ATTACHMENT 1 ~ NORTH A-01-0004 (MASCH BRANCH ANNEXATION) MA~CH BRANCH RD " ETJ ""~ HAMPTON RD ~SiTE .' -, -- , \ ,~ ~/ \~-~ ~.'.: LOCATION MAP Scale None ATTACHMENT 2 ANNEXATION SCHEDULE OF Masch Branch Road Annexation Area Monday, March 5 Involuntary Annexation Petition filed, Annexation Study & Service Plans drafted Friday, March 16 30-day noace of intent to annex to each property owner, each public entity or pmvate entity that provides serwces ~n the area Monday, March 26 Not, ce sent to Technology Services to be pubhshed on Friday, March 30 on City Webmte for the first C~ty Council public hearing Wednesday, March 28 Not,ce sent to Denton Record-Chronicle to be published on Friday. March 30 for the first C~ty Council public heamng Friday, March 30 Posting of signs Monday, April 2 200' and 500' Notices Thursday, April 5 Annexation Service Plan completed Friday, April 12 Deadline for receipt of petitions for opposition (10 days after notice) Fmday, April 6 Not~ce sent to Technology Services to be pubhshed on Friday, April 13 on City Wcbsite for the Planning and Zoning Commmsion public hearing Wednesday, April 11 Not,ce sent to Denton Record-Chromcle to bc pubhshed on Fmdav. April 13 for the Planning and Zoning Commission and C~ty Council public hearings Tuesday, April 17 City Council first public hearing Wednesday, April 25 Planning and Zoning Commission Public hearing -- make a recommendation to C~ty Council regarding the proposed annexation and the proposed zoning Tuesday, May 1 City Council conducts second public hearing · Tuesday, June 5 First reading of annexation ordinance - C~ty Council by a 4/5's vote ms~tute annexation proceedings · Tuesday, June 19 Second reading and adoption of annexation ordinance and zoning ordinance - C~ty Council by a 4/5's vote takes final action 4 ATTACHMENT 3 CITY OF DENTON ANNEXATION PLAN FOR A-01-0004 (Masch Branch Road) I AREA ANNEXED The annexataon area ~s located ~n the western portaon of Denton's Extraterntoraal Jurisdiction and contains approximately 122 acres along Masch Branch Road south of Hampton Road north of H~ghway 380 II INTRODUCTION Thru service plan has been prepared m accordance wath the Texas Local Government Code, Sections 43 021, 43 065, and 43 065(b)-(o) (Vemon 1999, as amended) Mumc~pal facthties and servaces to the annexed area described above will be provaded or made available on behalf of the City m accordance with the following plan The C~ty shall provide the annexed tract the levels of service, ~nfrastmeture, and anfrastructure mmntenance that are comparable to the levels of servace, anfrastructure, and infrastructure maintenance available an other parts of the city w~th samflar topography, land use, and populataon densaty II! AD VALOREM (PROPERTY OWNER) TAX SERVICES A Pohce Protection, Code Enforcement, and Ammal Control Pohee service, ~ncludmg patrolhng, response to calls, and other routine functions, will be provaded to the property upon the effective date of the annexation using exmtmg personnel and equipment Code enforcement and animal control services will also be provaded to the property upon the effective date of the annexation B F~re Proteetaon F~re proteetaon (w~thm the hm~ts of exasting hydrants) and emergency medical services will be prowded to the property upon the effectave date of the annexation The estimated emergency response time an thas area is 10 minutes, which ~s mmflar to responses for surrounding propertaes wath~n the city hnnts The C~ty of Denton will provade emergency medical services ("EMS") C Road and Streets Roads and streets, which have been properly platted, duly dedicated, and accepted by the C~ty of Denton and/or Denton County shall be malntaaned by the City of Denton on the effective date of the annexation Installation and mmntenance of street s~gns, street hghtang and traffic control dewees will be mmntmned by the C~ty of Denton on the effective date of the annexation C Parks and Recreation Facilities Parks and recreational faeahtaes in the area to be annexed wall began upon the effective date of the annexation according to the 2000 Parks and Recreation Master Plan No parks are currently located w~tNn the proposed annexation area Denton neighborhood park famht~es are located within reasonably close distance of the proposed annexation area Residents of the proposed annexation area will be able to use ex~stlng City of Denton park and recreation facilities and programs D L~brary Services Library services will be made avmlable on the effective date of the annexation on the same basis and at the same level as similar hbrary facilities are mmntmned throughout the c~ty E Bmldmg Inspections and Consumer Health Services Building inspections and consumer health services will be made avmlable on the effective date of the annexation on the same basis and at the same level as similar facilities are mmntmned throughout the City Both services are provided on a "cost recovery" basis, and permit fees offset the costs of services delivered Incomplete construction must obtain building penmts from the Building Inspections Department of the City of Denton F Planning and Development Services Planning and development services will be made available on the effective date of the annexation The Planning and Development Department currently serwces this property by way of adm~mstratlon of Chapter 34 of the Code of Ordmances, concerning subdivision and land development regulations City Council adopted The Denton Plan, the c~ty's 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999 The Future Land Use Plan addresses both land in the city and ~ts ETJ, and the subject tracts contain Existing Ne~ghborhood/Infill Compatibility Areas, Employment Centers, and 100 year Floodplain/ Environmentally Sensitive Areas The Denton Plan designates future land uses to manage the quality and quantity of growth by organizing the land use patterns, by matching land use intensity w~th avmlable infrastructure, and by preserving floodplains as enwronmental and open space comdors The Denton Plan will be used as a basis for final zoning classifications after the properties are annexed IV UTILITY (RATEPAYER) SERVICES A Solid Waste Collection The City of Denton is the exclusive resldentml and commercial sohd waste service provider in the City The Department ~s an enUrely fee based operation and received no resources from taxes Sohd waste collection service will be provided to the property upon the effective date of the annexation usmg existing personnel and equipment Residents have the optmn to choose between a private company or service with the City of Denton The C~ty of Denton Solid Waste Department will honor existing 6 contracts w~th private sohd waste service prowders after the effective date of this annexation m accordance with Texas Local Government Code, Section 43 056(0) (Vernon Supp 2000) To receive sohd waste collection servme, the customer must contact the C~ty of Denton Customer Service Office and submit a request/apphcatlon for service Currently the site contmns 3 residential tm~ts, a sand and gravel processing plant, and county road mmntenance famhty B Water/Wastewater Factht~es Maintenance of water and wastewater facflmes in the area to be annexed that are not w~th~n the service area of another water or wastewater utthty will begin upon the effective date of the annexation using ex~st~ng personnel and eqmpment Currently, the majority of the area to be annexed ~s provided with a private water well and a private wastewater system A C~ty of Denton waterline exists m the annexation area Additional water and sewer hnes are located along the boundaries of the annexation area The C~ty shall prowde a level of water and wastewater servme, infrastructure, and ~nfrastmcture maintenance that ~s comparable to the level of services, ~nfrastmcture, and infrastructure matntenance avmlable ~n other parts of the c~ty w~th topography, land use, and population density s~mflar to those reasonably contemplated or projected in the area C Drtunage Sarwces Drtunage maintenance will be provided to the property upon the effective date of the annexatmn The C~ty shall prowde a level of drmnage servmes, infrastructure, and ~nfl:astmcture mmntenance that ~s comparable to the level of services, ~nfrastmcture, and infrastructure maintenance avmlable ~n other parts of the city w~th topography, land use, and population denmy s~nnlar to those reasonably contemplated or projected ~n the area D Electrical Servmes Denton Mumc~pal Electric ~s certffied by the State and ~s obhgated to provide electric utthty servme to the annexation area should a request be made by a property owner Electric utthty servme will be made available on the effective date of the annexation on the same bas~s and at the same level as s~nnlar factht~es are mmntmned throughout the c~ty Denton Mumc~pal Electric is the current electric service provider for th~s s~te V OTHER SERVICES Other services that may be prowded by the City, such as mumc~pal and general adm~mstrat~on will be made avmlable on the effective date of the annexation The City shall provide a level of servmes, infrastructure, and anfrastructure maintenance that ~s comparable to the level of services, infrastructure, and infrastructure mmntenance avmlable ~n other parts of the C~ty w~th topography, land use, and population density s~mflar to those reasonably contemplated or projected ~n the area 7 VI, CAPITAL IMPROVEMENTS PROGRAM (CIP) Construction of additional water, sewer, street, and drmnage facilities will begin wltlun two and a half (2 ½) years unless certtun services can not be reasonably provided within that period If certain services can not be reasonably provided, the City will provide those services within four and a half (4 ½) years after the effective date of the annexation unless the construction process is interrupted by circumstances beyond the control of the City Construction of other capital improvements shall be considered by the City as the needs dictate on the same basis as such capital improvements are considered throughout the City VII UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the City to provide a uniform level of full mummpal services to each area of the City, including the annexed area, if different charactenstms of topography, land use, and population density are considered a sufficient basis for providing different levels of service VIII TERM Th~s service plan shall be valid for a term of ten (10) years Renewal of the service plan shall be at the discretion of City Council IX AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43 056 (Vernon Supp 2000) 8 ADenda Ito. rrj~ AGENDA INFORMATION SHEET AGENDA DATE: April 17, 2001 DEPARTMENT: Planmng & Development CM/DCM/ACM: Dave Hill, 349-8314 ~ SUBJECT Consider approval of a directive to city planmng staff to extend the development code review process and schedule, to improve efforts to respond to citizen and business concerns, and to make corresponding revisions. BACKGROUND On March 27, 2001, City Council adopted an ordinance that partially defined the timetable for review of the draft Development Code, deteraumng that the Plaunlng and Zoning Commission will continue to meet andl review the Denton Development Code until April 25, 2001, and after that time, the Planning and Zonmg Commission will submit a report to the City Council The orchnance also provided that, at nummum, Council will hold at least one more public heanng to hear citizen comments regarding the Development Code The date of the public hearing has not yet been determined The schedule and review process for City Council remains to be determined Planning & Development Department staff has mthcated that the Plannm~ & Zoning Commission appears ready to complete review of ~e draft code's text by the April 25 deadline, but that requested revisions to the draft zoning map will not be completed by that ~me This item has been placed on the April 17t~ agenda to suggest to Council that a strategy to complete the draft code rewew process should be drafted by staff and presented for work session discussion The Council review process should address the following topics 1 Pubhe meetings needed to address specific issues that remmn unresolved, 2 Public educatmn strategies needed to better communicate the true xmpact of code grov1slons, 3 A draft timeframe necessary to improve public participation opportunities and facilitate Council review and revisions, 4 Determmatmn of the proper sequence of review and formal action regarding the components of the draft code, including zomng regulations and zoning map, subdivision and plat regulauons, and the criterion manuals that contain construction standards and Speclficatzons, 5 Production and distribution of a "red-hned" draft code for public review, allowing comparison w~th the initial version and the revisions made thus far, and 6 The proper procedure to make revisions to the Denton Plan to ensure consistency w~th the draft code Staff also suggests that Council should encourage the Planning & Zomng Commission to forward zomng map revision requests to be resolved by City Council OPTIONS 1 D~reet staff to draft a Council rewew process and schedule for Council to review at an upcoming work session, including a strategy for pubhe review and education 2 Dechne to direct staff to draft a Council review process and schedule 3 Postpone action to determine another course of action RECOMMENDATION Staff should be darected to draft the Council review process and schedule for the draft code ESTIMATED PROJECT SCHEDULE The process of Council review and adoption of the draft code wall hkely require at least three months for completion PRIOR ACTION/REVIEW The draft Development Code review process has been ongoing for more than one year Extensive pubhc meetings and review sessions have been conducted dunng that t~me FISCAL INFORMATION The rewew process wall be conducted using exlstmg budgeted resources ATTACHMENTS None Respectfully submitted David M Hill Assistant C~ty Manager - Development Services AGENDA INFORMATION SHEET AGENDA DATE: April 17, 2000 DEPARTMENT Community Development ACM: David Hall, Assistant City Manager, Development Services SUBJECT: CONSIDER ADOPTION OF AN ORDINANCE AUTHORIZING THE CITY OF DENTON, TEXAS TO SELECT SAN NICOLAS DE LOS GARZA, NUEVO LEON, MEXICO AS IT'S OFFICIAL SISTER CITY WITHIN THE PROGRAM GUIDELINES OF SISTER CITIES INTERNATIONAL, AND AUTHORIZING THE CITY MANAGER TO TAKE OTHER ACTION CONSISTENT WITH THIS ORDINANCE, AND PROVIDING AN EFFECTIVE DATE BACKGROUND' The City Council passed an ordinance December 5, 2000 authorizing the C~ty Manager to join S~ster Cities International and to assist vnth a search for an appropriate Sister C~ty and anthonzmg travel expenses to visit potential Sister C~tles nominees The Denton Sister Cities International (DSCI) steering committee developed and ranked city attributes for selecting a Sister City These criteria emphasized ease of travel, university opportunities, strong local municipal support, and business opportunmes Seventy-elghtMexmanc~tmswlthpopulatlonsover 100,000 were researched The committee ranked each agmnst the criteria and for their avmlab~hty for a S~ster City parmershlp (A elty may only have one Sister City m each country ) Out of the seventy- eight' citrus considered, two citrus were selected to visit ~n order to complete the criteria reformation worksheets San N~¢olas de los Garza and Cmdad V~ctorla March 4-7, 2001, Sister Cities Steenng Committee delegates ws~ted the two ~inalist cities to conduct meetangs and complete seleet~on criteria worksheets toward making a Sister City recommendation to City Council On April 10, 2001, the City Council received a report and held a dlscussmn about the Sister Cities Steering Committee recommendation of San Nicolas de los Garza, Nuevo Leon, Mexico as Denton's Sister C~ty ESTIMATED SCHEDULE OF PROJECT The formal signing ora Sister C~ty agreement would occur during the week of May 5-12, 2001 The DSCI Board would assist m developing immediate opportunities expressed by Habitat for Humanity, DISD performing arts groups, and the Clnco de Mayo Committee, the May 2001 North American International Trade Corridor Partnership conference tn Ft Worth, and Umverslty of North Texas existing programs with the Tectmologlcal Institute, Mexaeo's national college system Should Council concur w~th the reconunendatlon of San Nicolas de los Garza, the Umvers~dad Autonoma Nuevo Leon will be included ~n our efforts The Board would begin sohmtmg memberships from the Denton commumty and sponsorships for events and programs RECOMMENDATION: Staff recommends approval of the ordinance PRIOR ACTION/REVIEW Th~s item was d~scussed at the April 10, 2001 C~ty Cotmcfl Work Sesston Cotmcfl dtrected staffto proceed w~th the select~on of San Nmolas de los Garza, Nuevo Leon, Mexico as Denton's S~ster C~ty and return w~th the appropriate ordinance FISCAL INFORMATION Denton S~ster C~t~es has a budget of $5,000 for C~ty FY 2000-2001 EXHIBITS · Ordinance Respectfully Submitted L~nda Rathff, Director f'~/ Community Development Department Prepared by Mmhelle Cunmngham e'/ Community Relations Coordinator 2 ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY OF DENTON, TEXAS, TO SELECT SAN NICOLAS DE LOS GARZA, NUEVO LEON, MEXICO AS IT'S OFFICIAL SISTER CITY WITHIN THE PROGRAM GUIDELINES OF SISTER CITIES INTERNATIONAL, AND AUTHORIZING THE CITY MANAGER TO TAKE OTHER ACTION CONSISTENT WITH THIS ORDINANCE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, City of Denton Ordinance No 2000-442 passed and approved the 5th day of December 2000 anthonzed the City of Denton, Texas (City) to joan Sister ClUes International and to assist the Denton Sister Cities International (DSCI) Steenng Committee (Committee) with the search for an appropriate Sister City, and WHEREAS, the DSCI Commxttee met with municipal and educational leaders m the two finalist cxtles of San Nicolas de los Garza, Nuevo Leon, Mexico and Cludad Victoria, Tamanhpas, Mexico and completed selection criteria worksheets companng the resources and the potential for exchange programs at many levels of interest to the Denton cmzeury, and WHEREAS, the DSCI Committee presented this information for threctlon by City Council on April 10, 2001, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City of Denton working an conjunction with the DSCI Steenng Conmalttee is hereby authorized to take any other actions necessary to form a Sister C~tles relatlonshap w~th San Nicolas de los Garza, Nuevo Leon, Mexico under the guldehnes of Sister Cities International That all aetaons previously taken by members of the City Manger's staff to lmtlate this Sister Cities relataonshlp by Denton Sister Cities Program are hereby ratified and approved SECTION 2 That this ordinance shall become effectxve immediately upon its passage and approval PASSED AND APPROVED th~s the day of ,2001 EULINE BROCK, MAYOR 3 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 4 AGENDA INFORMATION SHEET AGENDA DATE April 17, 2001 DEPARTMENT Airport ACM Jon Fortune, ACM, Public Safety and Transportation Operations SUBJECT Consider the adoption of an ordinance approving a commercial operator mrport lease agreement between the City of Denton and Triangle Avlatmn, Inc, and providing an effective date BACKGROUND Mr Brown, President, Triangle Aviation, Inc w~shes to lease a parcel of land totahng approximately 18,000 square feet of land at the Denton Mummpal Airport The terms of the lease will obhgate Mr Brown to construct a structure of not less than 6,000 square feet This facility will be constructed for the purpose of commermal or general avmtlon tumraft storage and mmrat~ mmntenance Mr Brown wall also construct necessary mfi'astmcture to access current taxlways and access roads OPTIONS I Approve the lease as proposed II Provide staff direction with additional lease options RECOMMENDATION The Airport Adwsory Board recommends Optmn I The proposed development will increase the tax base and will increase the number of based mrcraft on the field ESTIMATED SCHEDULE OF PROJECT The lease would become effective May 1, 2001 and contmue through the last day of April 2031 (30 years) The lease also provides for two successive option terms often years each PRIOR ACTION/REVIEW The City Attorney's Office has reviewed the proposed lease The Airport Advisory Board recommends approval of the lease as presented FISCAL INFORMATION The lease rate for the ldentfficd site is $0 15 per square foot The lease rate for the first two years will be $2,700 per year The lease agreement prov,des for rate adjustments, Consumer Price Index adjustments, every other year for the term of the lease as per FAA reqmrement EXHIBITS Ordinance Lease Agreement Respectfully submitted / Mark~elson Airport Manager Reserved for Ordinance 2 ORDINANCE NO AN ORDINANCE APPROVING A COMMERCIAL OPERATOR AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND TRIANGLE AVIATION, INC, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The C~ty Manager or h~s demgnee ~s hereby authorized to execute a mrport lease agreement for commercml operator between the C~ty of Denton and John Brown, ~n substantially the form of the Airport Lease Agreement whmh ~s attached to and made a part of th~s ordanance for all purposes SECTION 2 Tlus ordinance shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED ti'ns the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY AIRPORT LEASE AGREEMENT COMMERCIAL OPERATOR THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON § This lease ms made and executed thms day of 2001, at Denton, Texas, by and between the City of Denton, Texas, a municipal corporatmon, heremnafter referred to as "Lessor", and Mr John Brown, Presmdent, Triangle Avmatlon, Inc having prmnclpal offices at 11505 Airway Boulevard, Roanoke, Texas 76262, hereInafter referred to as "Lessee" WITNESSETH. WHEREAS, Lessor now owns, controls and operates the Munlcmpal Airport (Airport) mn the City of Denton, County of Denton, State of Texas, and WHEREAS, Lessee desmres to lease certain premises on said airport and construct and malntamn an aircraft hangar and related avlatmon facmlltmes thereon, and NOW, THEREFORE, for and mn consideration of the prommses and the mutual covenants contamned in th~s Agreement, the part~es agree as follows I CONDITIONS OF AGREEMENT NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY HEREINAFTER CONTAINED, THE LANGUAGE IN PARAGRAPHS A THROUGH D OF THIS SECTION SHALL BE BINDING A PRINCIPLES OF OPERATIONS The rmght to conduct aero- nautmcal and related activities for furnmsh~ng servmces to the publmc ms granted to Lessee sub3ect to Lessee agreeing 1 To furnmsh said servmces on a famr, equal and not unjustly dmscrlm~natory basis to all users thereof, and 2 To charge fair, reasonable and not un]ustly dl$crlmmnatory prmces for each unit or service, provided, that Lessee may be allowed to make reasonable and nondlscrmmlnatory discounts, rebates, or other smmllar types of prmce reductmons to volume purchasers B NON-DISCRIMINATION Lessee, for himself, hms personal representatmves, successors and mnterests, and assigns, as a part of the consmderatlon hereof, does hereby covenant and agree as a covenant running wmth the land that 1 No person on the grounds of race, religion, color, sex, or national origin shall be excluded from participatIon in, denied the benefits of, or be otherwise subjected to dmscrlmmnatlon in the use of samd facllmtles, 2 In the construction of any improvements on, over, or under such land and the furnIshings of services thereon, no person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be sub]ected to discrimination, 3 Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation - Effectual of Title VI of the Civil Rights Act of 1964, as sa~d Regulations may be amended C RIGHT OF INDIVIDUALS TO MAINTAIN AIRCRAFT It is clearly understood by Lessee that no right or privilege has been granted which would operate to prevent any person, firm or corporation operating aircraft on the airport from performing any services on its own aircraft with its own regular employees (including, but not limited to, maintenance and repair) that it may choose to perform D NON-EXCLUSIVE RIGHT It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Title 49 U S C Appendix §1349 E PUBLIC AREAS 1 Lessor reserves the right to further develop or improve the landing area of the airport as it sees fit, regardless of the desires or views of Lessee, and without interference or hindrance 2 Lessor shall be obligated to maintain and keep in good repair the landing area of the airport and all publicly owned facilities of the airport, together with the r~ght to direct and control all activities of Lessee in this regard 3 During time of war or national emergency, Lessor shall have the right to lease the landing area or any part thereof to the United States Government for military or 5 naval use, and, if such lease ms executed, the provmsmons of this mnstrument mnsofar as they are mnconsmstent wmth the provmsmons of the lease to the Government, shall be suspended 4 Lessor reserves the rmght to take any actmon mt consmders necessary to protect the aermal approaches of the airport against obstruction, together with the rmght to prevent Lessee from erecting, or permitting to be erected, any bulldmng or other structure on or adjacent to the amrport which, mn the op~nmon of Lessor, would lmmmt the usefulness or safety of the amrport or constitute a hazard to aircraft or to amrcraft navlgatmon 5 Thms Lease shall be subordinate to the prov~smons of any exmstlng or future agreement between Lessor and the Unmted States or agency thereof, relative to the operatmon or mamntenance of the amrport II. LEASED PREMISES Lessor, for and in conslderatmon of the covenants and agree- ments heremn contamned, to be kept by Lessee, does hereby demise and lease unto Lessee, and Lessee does hereby hire and take from Lessor, the followmng descrmbed land s~tuated mn Denton County, Texas A Land A tract of land, being approximately 18,000 square feet, or 0 413 acres, drawn and outlined on Attachment "A", and legally descrmbed mn Attachment "B," such attachments being mncorporated herein by reference Together with the right of mngress and egress to samd proper- ty, and the rmght mn common with others so authormzed of passage upon the Amrport property generally, subject to reasonable regulatmons by the Cmty of Denton and such rmghts shall extend to Lessee's employees, passengers, patrons and lnvmtees For purposes of thms agreement, the term "Premmses" shall mean all property located wmthmn the metes and bounds descrmbed and ldentmfmed wmthmn Attachment "B", mnclud~ng leasehold mmprovements constructed by the Lessee, but not ~nclud~ng certain easements or property owned and/or controlled by the Lessor B IMPROVEMENTS PROVIDED BY LESSOR NONE There wmll be no improvements provmded by Lessor, except as set forth mn Artmcle II E ~Access to Utmlmtmes" below For the purpose of this Agreement, the term "Lessor improve- ments'' shall mean those things on or ad]acent to the Premises belongzng to, constructed by, or to be constructed by the Lessor, which enhance or mncrease, the value or qualzty of the leased land 6 or property Unless otherwise noted herein, all Lessor ~mprovements are and will remain the property of Lessor All Lessor improvements must be described in detail above, or above referenced and attached to this Agreement in an exhibit approved by Lessor C IMPROVRM~NTS PROVIDED BY LESSEE. On described lot, Lessee shall construct a hangar facility not less than 5,000 square feet with taxlway access and appropriate culverts or drainage as required by City ord!nances in the utility right of way south and north of the proposed hangar as well as other improvements as determined necessary by City ordInances Said improvements shall be completed not less than 365 days from the date of this agreement within two years of the date of this agreement, Lessee shall construct an office and shop not less than 1,000 square feet Said improvements will be made to the south side of the then existing structure to compliment the proposed commercial activities of the lease improvement D ~A~E~RNT~ Lessor and Lessee by mutual agreement may establish, on the leased premises, easements for public access on roads and taxlways E ACCESS TO UTILITIES. Lessor represents that there are water and 3-phase electricity lines wxthln three hundred feet (300') of the leased premlses available to "tap-in" by Lessee, and that the same are sufficient for usual and customary servzce on the leased premises Lessee will be required to connect to the sewer line located approximately fifty (60) feet south of said lot III. TERM The term of this Agreement shall be for a period of thirty (30) years, commencing on the 1st day of May, 2001, and continuing through the last day of April, 2031, unless earlier terminated under the provisions of the Agreement Any attempt by Lessee to renegotlate this Lease shall be in writing addressed to the City Manager or his designee at least one hundred e~ghty (180) days before the expiration of the stated term of this lease, and at least 180 days before the expzrat~on of any additional renegotlated period Lessee has the option to renew for two {2) additional ten (10) year terms The rental and terms to be negotIated shall be reasonable and consistent with the then value, rentals and terms of similar property on the airport IV. PAYMENTS, RENTALS AND FEES Lessee covenants and agrees to pay Lessor, as consideration for this lease, the following payments, rentals and fees A LAND RENTAL shall be due and payable in the sum of $0 15 per square foot or Two Thousand Seven Hundred Dollars ($2,700 00) per year, payable in twelve (12) equal monthly installments in the sum of Two Hundred Twenty FlYe Dollars ($225 00) in advance, on or before the 1st day of each and every month during the term of this agreement Lessee has the option to pay annual rentals and fees in whole on or before the 1st day of October, at the beginning of the City's fiscal year, each and every year of this lease Notwithstanding the foregoing, the annual lease rental to be reduced by the current lease rate per square foot, as adjusted by the CPI-U referenced in Section IV D , times the number of square feet comprising all easements established in accordance with Article II(C) B LESSOR IMPROVEMENTS RENTALS NONE There are no Lessor improvements on the leased premises C PAYMENT, PENALTY, ADJUSTMENTS All payments due Lessor from Lessee shall be made to Lessor at the offices of the Finance Department of the City of Denton, Accounts Receivable, 601 East Hickory, Denton, Texas, unless otherwise designated in writing by the Lessor If payments are not received on or before the 15th, a five (5) percent penalty will be due as of the 16th If payments are not received by the 1st of the subsequent month, an additional penalty of one (1) percent of the unpaid rental/fee amount will be due A one (1) percent charge will be added on the 1st of each subsequent month until the unpaid rental/fee payment is made Failure to pay the rent or penalty amounts on delinquent rent shall constitute an event of default of this lease The yearly rental for land and improvements herein leased shall be readjusted at the end of each one (1) year period during the term of this lease on the basis of the proportion that the then current United States Consumer Price Index for all urban consumers (CPI-U) for the Dallas-Fort Worth geographical region, as compiled by the U S Department of Labor, Bureau of Labor Statistics bears to the applicable index at the execution of this lease The original land rental amount is based upon the formulae set forth in Section IV A for the land herein leased Each rental adjustment, if any, shall occur on the 1st day of April, beginning 2002, and every other year thereafter on such date The adjustments in the yearly rent shall be determined by multiplying the minimum yearly rent as set forth in Section IV A by a fraction, the numerator of which is the index number for the last month prior to the adjustment, and the denominator of which is the index number applicable at the execution of this lease If the product of this multlpllcatlon is greater than the minimum yearly rent as set forth ~n Section IV A , Lessee shall pay th~s greater amount as the yearly rent until the time of the next rental adjustment as called for in this section If the product of this multlpllcatlon is less than the minimum yearly rent of as 8 set forth mn Sectmon IV A , there shall be no adjustment mn the annual rent at that time, and Lessee shall pay the previous year's annual rent until the time of the next rental adjustment as called for in this section In no event shall any rental adjustment called for in this section result in an annual rent less than the previous year's annual rent The adjustment shall be limited so that the annual rental payment determined for any given year shall not exceed the annual rental payment calculated for the prevmous year by more than twenty (20) percent If the consumer prmce index for all urban consumers (CPI-U) for the Dallas-Fort Worth geographical regmon, as compmled by the U S Department of Labor, Bureau of Labor Statlst~cs, is discontinued during the term of thms lease, the remalnmng rental adjustments called for mn th~s section shall be made using the formula set forth in Subsectmon (a) above, but substmtutlng the index ,numbers for the Consumer Price Index-Seasonally Ad3usted U S Cmty Average For All Items For All Urban Consumers (CPI-U) for the mndex numbers for the CPI-U applicable to the Dallas-Fort Worth geographical region If both the CPI-U for the Dallas-Fort Worth geographmcal region and the U S Cmty Average are d~scontlnued durmng the term of th~s lease, the remalnmng rental adjustments called for mn th~s section shall be made using the statistics of the Bureau of Labor Statistics of the United States Department of Labor that are most nearly comparable to the CPI-U applmcable to the Dallas-Fort Worth geographical region If the Bureau, of Labor Statmstmcs of the United States Department of Labor ceases to exmst or ceases to publmsh statmstlcs concerning the purchasing power of the consumer dollar during the term of thms ~ease, the remaining rental adjustments called for mn this section shall be made uslng the most nearly comparable statistics published by a recognmzed flnancmal authority selected by Lessor V. RIGHTS ~ OBLIGATIONS OF LESSEE A USE OF LEASED PREMISES Lessee ms granted the non- exclus~ive prlvmlege to engage in or provmde the followmng 1 Hangar Leases and Rental The rental or lease of hangars and hangar space and related faczl~tles upon the leased premmses 2 Offmce Space Lease or Rental The rental or lease of office space in or ad3omnlng bessee's hangars 3 Aircraft and Storage To provide storage of both Lessee's and sublessees' azrcraft and avlatmon related equipment and supplies upon or within the leased premises 4 Amrcraft Maintenance To perform aircraft mamntenance on Lessee's and General Aviation amrcraft upon the leased premises 5 135 Air Taxi Operation To perform 135 Amr Taxi Operations with Lessee's aircraft Lessee, hms tenants and sublessees shall not be authormzed to conduct any services not specifically l~sted mn this agreement The use of the leased premises of Lessee, hms tenants or sublessees shall be llm%ted to only those przvate, commercmal, retail or lndustrmal actmvltmes having to do wmth or related to airports and avmatmon No person, business or corporation may operate a commercmal, retail or ~ndustr~al busmness upon the premises of Lessee or upon the Amrport wmthout a lease or lmcense from Lessor authormzmng such commercmal, retaml or ~ndustrlal actmvmty The Lessor shall not unreasonably wmthhold authormzatmon to conduct aeronautmcal or related servmces B STANDARDS Lessee shall meet or exceed the following standards 1 Address Lessee shall fmle wzth the A~rport Manager and keep current h~s ma~l~ng addresses, telephone numbers and contacts where he can be reached mn an emergency 2 Lmst Lessee shall file wlth the Amrport Manager and keep current a lmst of hms tenants and sublessees 3 Conduct Lessee shall contractually requzre his employees and sublessees (and sublessee's mnv~tees) to abmde by the terms of thms agreement Lessee shall promptly enforce hms contractual rights mn the event of a default of such covenants 4 Utmlmtmes, Taxes and Fees Lessee shall meet all expenses and payments mn connectlon wmth the use of the Premmses and the rmghts and prlvmleges heremn granted, lncludmng the t~mely payment of utmlmtmes, taxes, permmt fees, license fees and assessments lawfully levied or assessed 5 Laws Lessee shall comply with all current and future ~ederal, state and local laws, rules and regulatmons whmch may apply to the conduct of busmness contemplated, lncludmng rules, regulations and ordmnances promulgated by Lessor, and Lessee shall keep mn effect and post an a prominent place all necessary and/or requmred licenses or permmts 6 Maintenance of Property Lessee shall be responsmble for the mamntenance, repamr and upkeep of all property, bumldmngs, structures and improvements, lncludmng the mowmng or elmmlnatmon of grass and other vegetatmon on 10 the Premises, and shall keep said Premises neat, clean and mn respectable condition, free from any objectlonal matter or th~ng Lessee agrees not to utilize or permmt others to utmlmze areas on the leased premises which are located on the outside of any hangar or bu~ldmng for the storage of wrecked or permanently d~sabled aircraft, a~rcraft parts, automobIles, vehicles of any type, or any other equmpment or items which would d~stract from the appearance of the leased premises Lessee agrees that at no time shall the leased premises be used for a flea market type sales operation Pa~ntln~ of Bumldln~s During the original term of thms Lease and durmng each extensmon, Lessor shall have the rmght to require, not more than once every fmve years, that the metal exterior of hangar(s) or building(s) located on the premises be revmewed by the Airport Advisory Board for the purpose of determIning whether pamntlng of the exteriors of such bumldmngs or hangars ms necessary If the Amrport Advisory Board determInes pamntmng is necessary, mt shall furnmsh a recommendatmon to thms effect to the City Councml The Councml, may, upon the Board's recommendatmon, require Lessee to repaint samd extermors according to Lessors speclfmcatlons (to specify color of paint, quality of workmanship and the year and month in whmch the hangar(s) or building(s) are to be painted, if needed ) Lessee shall complete the painting mn accordance wmth such specifications wmth~n one (1) year of recempt of notice from lessor Lessee agrees to pay all costs and expense involved mn the hangar or building pazntmng process Failure of Lessee to complete the pamnt~ng requmred by Lessor's Cmty Council wmth~n one (1) year permod shall constitute Lessee's default under th~s Lease 8 Unauthormzed use of premises Lessee may not use any of the leased land or premmses for the operation of a motel, hotel, restaurant, private club or bar, apartment house, or for lndustrmal, commercmal or retaml purposes, except as authormzed herein 9 Dwellings It is expressly understood and agreed that no permanent dwelling or domzcmle may be built, moved to or established on or wmthln the leased premmses nor may lessee, his tenants, lnvltees, or guests be permitted to reside or remain as a resident on or within the leased premises or other airport premises 10 Qumt Possession Lessee shall quit possession of all premmses leased heremn at the end of the prmmary term of thms lease or any renewal or extension thereof, and 11 deliver up the premises to Lessor in as good condmtlon as existed when possessmon was taken by Lessee, reasonable wear and tear excepted 11 Hold Harmless Lessee shall indemnify and hold harmless Lessor from and against all loss and damages, lncludmng death, personal injury, loss of property or other damages, armslng or resultmng from the operation of Lessee's business in and upon the leased premmses 12 Chemicals Lessee agrees to properly store, collect and ~mspose of all chemicals and chemical residues, to properly store, confmne, collect and dispose of all paint, lncludmng paint spray in the atmosphere, and paint products, and to comply with all Local, State and Federal regulations governing the storage, handling or disposal of such chemicals and paints 13 Hazardous Actlvztles Should Lessee violate any law, rule, restriction or regulatmon of the Czty of Denton or the Federal Aviation Admmnlstratlon, or should the Lessee engage in or permit other persons or agents to engage mn actl¥1tles whmch could produce hazards or obstruction to air navmgatlon, obstructions to vmslbmllty or interference with any aircraft navmgatmonal aid station or device, whether airborne or on the ground, then Lessor shall state such violation in writing and deliver written notice to Lessee or Lessee's agent on the leased premises, or to the person(s) on the leased premises who are causing samd ¥1olatmon(s), and upon delivery of such wrztten notice, Lessor shall have the rmght to demand that the person(s) responsible for the violation(s) cease and desist from all such actmvmty creating the vlolatmon(s) In such event, Lessor shall have the right to demand that correctmve action, as required, be commenced immediately to restore the leased premises into conformance with the partmcular law, rule or aeronautical regulation being violated Should Lessee, Lessee's agent, or the person(s) responsible for the vlolatmon(s) fall to cease and desist from said violation(s) and to zmmedlately commence correcting the vzolatmon(s), and to complete samd corrections wzthmn twenty-four (24) hours following wrmtten notification, then Lessor shall have the right to enter onto the leased premises and correct the vlolatzon(s), and Lessor shall not be responszble for any damages incurred to any improvements on the leased premises as a result of the correctmve action process C SIGNS During the term of this Agreement, Lessee shall have the r~ght, at mts own expense, to place mn or on the leased Premises signs identifying Lessee Said smgns shall be of a size, shape and design, and at a locatmon or locations, approved 12 by thC Lessor and in conformance with any overall directional graphics or sign program established by Lessor for the Airport Lessor's approval shall not be withheld unreasonably Said signs shall be maintained in good repair throughout the term of this agreement Notwithstanding any other provision of this agreement, said signs shall remain the property of Lessee Lessee shall remove, at lts expense, all lettering, signs and placards so erected on the premises at the expiration of the term of th~s Agreement or extensions thereof VI. COVENAI~TS BY LESSOR Lessor hereby agrees as follows A PEACEFUL ENJOYMENT That on payment of rent, fees, and performance of the covenants and agreements on the part of Lessee to be performed hereunder, Lessee shall peaceably hold and enjoy the leased premises and all rights and privileges herein granted, B COMPLIANCE Lessor warrants and represents that in the establishment, construction and operation of said Denton Municipal Airport, that Lessor has heretofore and at this time is complying w~th all existing rules, regulations, and criteria distributed by the Federal Avlatlon Administration, or any other governmental authority relatlng to and including, but not limited to, noise abatement, a~r rights and easements over adjoining and contiguous areas, over-flight in landing or takeoff, to the end that Lessee w~ll not be legally liable for any action of trespass or similar cause of actlon by virtue of any aerial operations of ad3olnlng property in the course of normal take-off and landing procedures from said Denton Municipal Airport, Lessor further warrants and represents that at all times during the term hereof, or any renewal or extension of same, that it will continue to comply w~th the foregolng VII. SPECIAL CONDITIONS It is expressly understood and agreed by and between Lessor and Lessee that this lease agreement is sub3ect to the following special terms and conditions A RUNWAYS AND T~IWAYS That because of the present thirty thousand (30,000) pound continuous use weight bearing capacity of the runway and tax,ways of the Airport, Lessee here~n agrees to l~mlt all aeronautical activity including landing, take-off and taxiing, to aircraft havln~ an actual weight, including the weight of ~ts fuel, of thirty thousand (30,000), until such time that the runway and designated taxlways on the Airport have been improved to handle aircraft of such excessive weights It is further agreed that, based on quallf~ed engineering studies, the weight restrictions and provisions of th~s clause may be ad3usted, up or down, and that Lessee agrees to ab~de by any such changes or 13 revisions as such studies may dictate "Aeronautical Actlvmty" referred to mn this clause shall mnclude that activity of the Lessee or mts agents or subcontractors, and its customers and mnvmtees, but shall not include those actmvmtmes over which mt has no sollcltory part or control, such as an unsollcmted or unscheduled or emergency landing A pattern of neglmgent disregard of the provlsmons of this section shall be sufficient to cause the mmmedmate termination of this entire Agreement and subject Lessee to liability for any damages to the Airport that might result VIII. LEASEHOLD IMPROVEMENTS A REQUIREMENTS Before commencing the construction of any mmprovements upon the premises, Lessee shall submmt 1 Documentation, specifications, or design work, to be approved by the Lessor, which shall establish that the improvements to be built or constructed upon the leased premmses are in conformance wmth the overall s~ze, shape, color, qualmty and design, in appearance and structure of the program established by Lessor on the A~rport 2 All plans and specifIcations showing the location upon the premises of the proposed constructzon, 3 The estmmated cost of such constructmon No constructmon may commence until Lessor, acting by its City Councml, has approved the plans and specificatIons and the location of the ~mprovements, the estimated costs of such construction and the agreed estimated life of the building or structure Approval by the Cmty Councml shall not be unreasonably withheld, should the Council faml to deny Lessee's plans and speclfmcatlons wmthln sixty (60) days of subm~ssmon thereof to the Council, such plans and specmf~catmons shall be deemed approved Documentary evmdence of the actual cost of construction on publmc areas only (such as taxlways) shall be delivered by Lessee to Lessor's City Manager or his desmgnee from time to tmme as such costs are paid by Lessee, and Lessor's City Manager or hms desmgnee ms hereby authorized to endorse upon a copy of th~s lease filed with the City Secretary of Lessor such actual amounts as he shall have found to have been pamd by Lessee, and the flndmngs of the Czty Manager when endorsed by hzm upon said contract shall be concluszve upon all parties for all purposes of this agreement 14 B ADDITIONAL CONSTRUCTION OR IMPROVEMENTS Lessee is hereby authorized to construct upon the land herein leased, at hms own cost and expense, bumldmngs, hangars, and structures, that Lessor and Lessee mutually agree are necessary for use in connectmon wmth the operations authorized by thms lease, provmded however, before commencmng the eonstructmon of any improvements upon the premises, Lessee shall submmt plans and specmflcatlons for approval by Lessor as specified in Article VIII A , above C OWNERSHIP OF IMPROVEMENTS All buildings and improvements constructed upon the premises by Lessee shall remain the property of Lessee unless said property becomes the property of Lessor under the following condmtlons, terms and provmslons 1 Removal of Buildings No building or permanent fixture may be removed from the premmses 2 Assumptmon All bumldlngs and mmprovements of whatever nature remalnmng upon the leased premises at the end of the primary term, or any extensmon thereof, of thms lease shall automatmcally become the property of Lessor absolutely mn fee wmthout any cost to Lessor 3 Bulldmn~ Life It ms agreed that the lmfe of the building to be constructed by Lessee on the property herein leased is thmrty (30) years 4 Cancellatmon Should this lease be cancelled for any reason before the end of the thirty (30) year expected building life, mt ms especmally understood and agreed that Lessor reserves the rmght to purchase all bumldlngs, structures and improvements then exlstmng upon the premmses by tendering to Lessee one thmrtmeth (1/30) of the undeprecmated value of such bulldmng for each year remamnlng on the agreed lmfe of such bumldmng The undeprecmated value of all mmprovements ms to be determmned by havmng such mmprovements appramsed by three appramsers, one appomnted by Lessor, one appointed by Lessee and one appomnted by the two appramsers IX. SUBROGATION OF MORTGAGEE A Any person, corporatmon or lnstmtutmon that lends money to Lessee for construction of any hangar, structure, bumldlng or mmprovement and retamns a security mnterest mn samd hangar, structure, bumldlng or mmprovement shall, upon default of Lessee's oblmgatlons to samd mortgagee, have the rmght to enter upon said leased premises and operate or manage said hangar, structure, bumldmng or improvement according to the terms of thms Agreement, for a period not to exceed the term of the mortgage with Lessee, or until the loan ms paid in full, whmchever comes 15 first, but in no event longer than the term of thms lease It is expressly understood and agreed that the right of the mortgagee referred to herein is limited and restricted to those improvements constructed with funds borrowed from mortgagee, those improvements purchased with the borrowed funds, and those improvements pledged to secure the refinancing of the improvements B Lessee shall have the right to place a first mortgage lmen upon the leasehold mn an amount not to exceed eighty-five percent (85%) of the constructmon cost or current market value of the leasehold improvements X. RIGHT OF EASEMENT Lessor shall have the rmght to establish easements, at no cost to Lessee, upon the leased ground space for the purpose of providing underground utmlmty services to, from or across the airport property or for the construction of public facmlmtmes on the Amrport However, any such easements shall not interfere wmth Lessee's use of the leased premises and Lessor shall restore the property to ormglnal condition upon the ~nstallatlon of any utzllty services on, in, over or under any such easement or the conclusion of such construction Constructmon ~n or at the easement shall be completed wlthmn a reasonable time XI ASSIGNMENT OF LEASE Lessee expressly covenants that it wmll not assmgn this lease, convey more than ten percent (10%) of the mnterest mn hms business, through the sale of stock or otherwmse, transfer, license, nor sublet the whole or any part of the sazd premises for any purpose, except for rental of hangar space or tze-down space, w~thout the wrmtten consent of Lessor Lessor agrees that mt w~ll not unreasonably withhold its approval of such sale, sublease, transfer, lmcense, or assmgnment of the facmlltmes for the airport related purposes, provided however, that no such assmgnment, sublease, transfer, license, sale or otherwmse shall be approved mf the rental, fees or payments, received or charged are mn excess of the rental or fees paid by Lessee to Lessor under the terms of this lease, for such portion of the premmses proposed to be assmgned, subleased, transferred, licensed, or otherwise The provlsmons of thms lease shall remain bmnd~ng upon the assmgnees, if any, of Lessee XII INSURANCE A REQUIRED INSURANCE Lessee shall maintain continuously mn effect at all times durmng the term of this agreement, at Lessee's expense, the followmng mnsurance coverage 1 Comprehensive general liability covering the leased 16 premises, the Lessee or its company, its personnel, and its operations on the airport 2 Aircraft liability to cover all flight operations of Lessee 3 Fire and extended coverage for replacement value for all facilities used by the Lessee either as a part of this agreement or erected by the Lessee subsequent to this agreement 4 Liability insurance limits shall be in the following minimum amounts Bodily Injury and Property Damage One Million Dollars ($1,000,000) combined single limits on a per occurrence basis 5 All policies shall name the City of Denton as an additional named ~nsured and provide for a minimum of thirty (30) days written notice to the City prior to the effective date of any cancellation or lapse of such policy 6 All policies must be approved by the Lessor 7 The Lessor shall be provided w~th a copy of all such policies and renewal certificates During the term of this lease, Lessor herein reserves the right to adjust or increase the l~ablllty insurance amounts required of the Lessee, and to require any additional rider, provisions, or certificates of insurance, and Lessee hereby agrees to provide any such insurance requirements as may be required by Lessor; provided however, that any requirements shall be commensu- rate with insurance requirements at other public use a~rports similar to the Denton Municipal Airport in size and in scope of aviation actlvmtles, located in the southwestern region of the United States Lessee herein agrees to comply with all increased or adjusted insurance requirements that may be required by the Lessor throughout the original or extended term of th~s lease, including types of insurance and monetary amounts or limits of insurance, and to comply with sa~d insurance requirements within sixty (60) days following the receipt of a notice in writing from LessorI stating the increased or adjusted insurance requirements Lessee shall have the rlght to maintain in force both types of insurance and amounts of insurance, which exceed Lessor's minimum insurance requirements In the event that State law should be amended to require types of insurance and/or insurance amounts which exceed those of like or similar public use airports in the southwestern region of the United States of America, then in such event, Lessor shall have the right to require that Lessee maintain in force types of ~nsurance and/or amount of insurance as specified by State law Failure of Lessee to comply with the m~nlmum specliled amounts or types of insurance as required by Lessor shall constitute Lessee's default of this Lease XIII CANCELLATION BY LESSOR In the event that Lessee shall file a voluntary petition in bankruptcy or proceedings in bankruptcy shall be instituted against it and Lessee thereafter is ad]udlcated bankrupt pursuant to such proceedings, or any court shall take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any Federal reorganization act, or Lessee shall be divested of its estate herein by other operation of law, or Lessee shall fall to perform, keep and observe any of the terms, covenants, or conditions herein contamned, or on its part to be performed, the Lessor may give Lessee written notmce to correct such condition or cure such default and, if any condition or default shall continue for thirty (30) days after the receipt of such notice by Lessee, then Lessor may terminate th~s lease by written notice to Lessee In the event of default, Lessor has the right to purchase any or all structures on the leased premises under the provisions of Section VIII Paragraph C 4 (CancellatIon) hereof XIV CANCELLATION BY LESSEE Lessee may cancel this Agreement, in whole or part, and termi- nate all or any of its obligations hereunder at any tmme, by thirty (30) days written notice, upon or after the happening of any one of the following events (1)xssuance by any court of competent 3urlsdlctlon of a permanent mn]unction in any way preventing or restraining the use of said airport or any part thereof for airport purposes, (2) the breach by Lessor of any of the covenants or agreements contained herein and the failure of Lessor to remedy such breach for a period of ninety (90) days after receipt of a written notice of the exmstence of such breach, (3) the lnabmlzty of Lessee to use said premises and facmlltzes continuing for a longer period than ninety (90) days due to any law or any order, rule or regulation of any appropriate governmental authority hav~ng ]urmsdmctlon over the operations of Lessor or due to war, earthquake or other casualty, or (4) the assumption or recapture by the United States Government, or any authorized agency thereof, of the maintenance and operatIon of said airport and facilities or any substantmal part or parts thereof Upon the happening of any of the four events listed in the 18 preceding paragraph, such that the leased premises cannot be used for a¥1atlon purposes, then the Lessee may cancel this lease as aforesaid, or may elect to continue this lease under its terms, except, however, that the use of the leased premises shall not be limited to aviation purposes, their use being only limited by such laws and ordmnances as may be applicable at that time XV. MISCELLANEOUS PROVISIONS A ENTIRE AGREEMENT Th~s Agreement constitutes the entire understanding between the parties and as of its effective date supersedes all prmor or independent Agreements between the parties covermng the subject matter hereof Any change or mod~fmcatlon hereof shall be in wrmtlng signed by both parties B BINDING EFFECT All covenants, stmpulatlons and agreements heremn shall extend to, bmnd and mnure to the benefit of the legal representatives, successors and assigns of the respective parties hereto C SEVERABILITY If a provmslon hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction, the entmre Agreement shall not be void, but the remaining provmsmons shall continue mn effect as nearly as possible in accordance with the ormglnal mntent of the parties D NOTICE Any notice gmven by one party to the other in connectmon with thms agreement shall be in wr~tmng and shall be sent by regmstered mall, return receipt requested, with postage and registration fees prepaid as follows 1 If to Lessor, addressed to City Manager City of Denton 215 E McKlnney Street Denton, Texas 76201 2 If to Lessee, addressed to Mr John Brown, President Trmangle Avmatmon, Inc 11505 Amrway Boulevard Roanoke, TX 76262 Notmces shall be deemed to have been received on the date of receipt as shown on the return receipt E HEADINGS The headings used in this Agreement are intended for convenience of reference only and do not define or limit the scope or meaning of any provision of this Agreement 19 F GOVERNING LAW This Agreement ms to be construed in accordance with the laws of the State of Texas G MEDIATION Prior to mnstmtutlng sumt mn a court of competent jurmsdmctmon, the partmes shall, mn good famth attempt to settle any controversy or clamm by any party hereto armsmng out of or relatmng to thms Agreement by medmatlon in accordance wmth the laws and rules, then obtalnmng, of the State of Texas and the State Bar of Texas H NO WAIVER No wamver by Lessor or Lessee of any default or breach of covenant or term of thms lease may be treated as a wamver of any subsequent default or breach of the same or any other covenant or term of this Agreement I INDEPENDENT CONTRACTOR Durmng all times that thms Lease ms mn effect, the parties agree that Lessee ms and shall be deemed to be an ~ndependent contractor and operator and not an agent or employee of the Lessor with respect to themr acts or ommsslons hereunder For all the purposes hereunder, Lessee ms and shall be deemed an mndependent contractor and mt ms mutually agreed that nothmng contamned herein shall be deemed or construed to constmtute a partnership or ]olnt venture between the partmes IN WITNESS WHEREOF, the partmes have executed this Agreement as of the day and year fmrst above wrztten CITY OF DENTON, TEXAS, LESSOR BY HOWARD MARTIN, CITY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY CITY OF DENTON, TEXAS BY 20 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY CITY OF DENTON, TEXAS BY TRIANGLE AVIATION, INC THE STATE OF TEXAS § COUNTY OF DENTON § his instrument was acknowledged before me on the~%day of ,2001 by LESSEE ~¢~ PUSLrC,STAT~ O~ TEX~ My Commlssxon Expxres ~_~;_~oo ! 21 ATTACHMEN £ "A" ?AXIWAY ~ I/2 IRF S 88 41'08'E 100 O0 RS/CAP ~ s 8836~o E 9'~ O 41 ACRE MOST WIST RLY SOUTHWEST CORNER O~LOT I BLOCK 1 'l~lRr N 88 37'3~"W 100 00' ~/~p~V ..... dOHN CARREL LEGEND ~ .. o,4, ~ ¢,u~,~ 30 0 30 60 22 ATTACHMENT "B" FIELD NOTES to eli that eart,l~n trac~ or parcel of ladd yng and bemq sdualod m the V',.~ll~,~m Ned Survey Abslract Number 970 In Ihe City of Denlon Denton County Texas and tx,~ng a pall of Lot 1 Block 1 of Iho Southeast Anpod Add,ben an add,ben m the City of Dealon Dcnlon County Texas according to the plaJ Ihereol recorded in Cabinet G Page 295 of the Plat Records of Deuton Co~.mty Texas and bmng more parbcularh/descnbed ns follows COMMFNCING at Iha rnesi We'.,tedy Southwr st Corner el smd Lot 1 Block 1 Tt IFNCE Nodh 08 Degrees % Mmules/I Seconds t a~t',v~th the We'q line of '~ald Lot 1 <l distance of 938 72 feet THENCE South 88 Degrees 36 Mmules 10 Seconds East a d~stance of 913 34 feet to a 1/2 Inch Iron Rod Found at the Nodhwest corner of the harem descnbed tract m the Sooth line of a 130 foot faxlway, drmnage, and ubMy easement FHENCE South 88 Degrees 41 Minutes 08 Seconds East ',wth the North line of the subject tract and the South I~ne of said 130 foot easement a d~stance of 100 00 feet to a 1/'2 Inch Capped Iron Rod Set for Ihe Nodheast corner of tho here~n dascebed tract THENCE South 01 Degrees 22 Minutes 1 / Seconds Wesl wflh the Easl line o! lhe subJeCt tract e distance of 180 00 feet lo 1/2 Inch Capped Iron Rod Set for Ihe Soulheast corner of the here~n described tract THJ:NCE Norlh 88 Degrees 37 Minutes 343 Seconds West ',4th the South I~ne of the subJeCt tract a d~slance of 100 00 feet to a 1/2 Inch Iron Rod Found for Iho Southwest corner of the harem described tracl THENCE North 01 Degrees 22 Minutes 1 / Seconds East ',',~[h the West line of the subject tract a dmtance of179 90 feet to Ihe Pomt of Beg[nmng andconlammgmalI041ofanacreofland more or less These I~eld notes w~th lhe accompanymq sketch 'were prepared from an on the-ground survey made under my dlrecbon and supervision on 03 19-01 FLOOD STATEMENT I have examined the F E M A Flood Insurance Rate Map for the C~ty of Ponder Denton County Texas Commumty Panel No 480194 eff'ect~vedato 2,-30-98 and that map indicates that thru property ~s ~n Zone X which ~s de,ned as Areas determined Io be outrode o! the 500 year flood as sho'.'m on Panel 0355 E of sa~d map JE THOMPSON R~LS 4857 Dele %~. ~ , 23 ~ate_ ¢// Z/~1 AGE~A ~O~ATION SHEET AGENDA DATE: April 17, 2001 DEP~TMENT: Flsc~ Operatmns CM/ACM' Kathy D~ose, F~scal ~d Mummpal Se~lces SUBJECT Cons]der approval of an or&nanee authorizing the issuance, sale, and dehvery o£ City of Denton Utd]ty System Revenue Refundmg and Improvement Bonds, Series 2001, and approvmg and authonzmg instruments and procedures relating thereto, and providing an effective date BACKGROUND' On Apnl 17, 2001, David Medamch of First Southwest Company and Ted Bnzzolara III of McCall, Parkhurst and Horton, will present the underwnhng company of the City of Denton's Utthty System Revenue Refunding and Improvement Bonds, Series 2001 The $50 4 million m bonds will be issued to fund system improvements, extensions, to refund a pomon of the outstandmg revenue obligations, to make a deposit to the reserve fund, and to pay cost of issuance assocmted with the sale of bonds PRIOR ACTION/REVIEW (Council~ Boards, Commislon). Thc pro3ects were previously approved in 2000-2004 Capital Improvement Program (CIP) They were also revmwed by the Debt Management Committee Meeting on March 28, 2001 meetmg FISCAL INFORMATION Payment for the Utd]ty System Revenue Refunding and Improvement Bonds, Series 2001 have been included m the debt service funding projections Respectfully submitted Diana G Orhz Director of Fiscal Operations ORDINANCE NO 2001- ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON UTILITY SYSTEM REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2001, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO, AND PROVIDING AN EFFECTIVE DATE THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, the City of Denton, Texas (the "City" or the "Issuer"), heretofore has duly issued the following revenue bonds City of Denton Utility System Revenue Bonds, Series 1992, dated March l, 1992, City of Denton Utility System Revenue Bonds, Series 1993, dated March l, 1993, City of Denton Utility System Revenue Refunchng Bonds, Series 1993-A, dated June l, 1993, City of Denton Utility System Revenue Refuncfing Bonds, Taxable Series 1993 -B, dated June l, 1993, City of Denton Utility System Revenue Bonds, Series 1996, dated May l, 1996, City of Denton Utility System Revenue Refunding Bonds, Series 1996A, dated May l, 1996, City of Denton Utility System Revenue Bonds, Series 1998, dated March 15, 1998, City of Denton Utility System Revenue Refunding Bonds, Series 199§A, dated July 15, 1998, City of Denton Utility System Revenue Refunding Bonds, Series 1998B, dated August l, 1998, City of Denton Utility System Revenue Bonds, Series 2000A, dated April 15, 2000, and City of Denton Utility System Revenue Bonds, Taxable Series 2000B, dated April 15, 2000, WHEREAS, the City Council of the City deems it necessary and advisable to refund the following revenue bonds City of Denton Utility System Revenue Bonds, Series 1993, dated March 1, 1993 scheduled to mature on December 1 m each of the years 2003 through 2013, aggregating $3,630,000 m principal amount, City of Denton Uuhty System Revenue Bonds, Series 1996, dated May 1, 1996 scheduled to mature on December 1 m each of the years 2007 through 2016, aggregating $1,760,000 in principal amount, City of Denton Utthty System Revenue Refunchng Bonds, Series 1996-A, dated May 1, 1996 scheduled to mature on December 1 m each of the years 2010 through 2024, aggregating $27,275,000 m pnnclpal amount, and (collectively, the "Refunded Bonds") m the aggregate prmcxpal amount of $30,665,000), and WHEREAS, the C,ty Council of the City deems ~t necessary and advisable to prowde for ~mprovements and e~ensions of the City of Denton Uuhty System, wbach consists of the C~ty's Combined Waterworks, Sewer and Electric Light and Power System (the "System"), and WHEREAS, the Cxty Council of the City deems ~t necessary and adwsable to anthonze, ~ssue, and dehver the adcht~onal Utll,ty System Revenue Bonds hereinafter described to refund the Refunded Bonds and to provxde for improvements and extensions to the System, and WHEREAS, the Series 2001 Bonds hereinafter authorized and described are to be ~ssued, sold, and delivered pursuant to Chapters 1207 and 1502, Texas Government Code, the C~ty's Home Rule Charter, and other appheable laws, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS Scion 1 AMOUNT AND PURPOSE OF THE BONDS The bond or bonds of the Issuer are hereby anthonzed to be issued and delivered m the aggregate pnncipal amount of FOR THE PURPOSE OF OBTAINING FUNDS REQUIRED TO REFUND $30,665,000 IN AGGREGATE PRINCIPAL AMOUNT OF CITY OF DENTON UTILITY SYSTEM REVENUE BONDS AND TO PROVIDE FOR IMPROVEMENTS AND EXTENSIONS OF THE SYSTEM, AND SHALL BE DESIGNATED "CITY OF DENTON UTILITY SYSTEM REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2001" (THE "SERIES 2001 BONDS") Section 2 DESCRIPTION OF THE BONDS (a) W~th respect to the Series 2001 Bonds, mmally there shall be ~ssued, sold, and del,vered hereunder a s~ngle fully registered bond, w~thout interest coupons, payable m installments of print,pal (the "Imtml Series 2001 Bond"), but the Imtml Series 2001 Bond may be assigned and transferred and/or converted into and exchanged for a like aggregate pnnclpal amount of fully registered bonds, without interest coupons, havmg serial matunues, and ~n the denoxmnanon or denominations of $5,000 or any integral muluple of $5,000, all m the manner hereinafter provided The term "Series 2001 Bonds" as used m tbas Orchnanee shall mean and ~nclude collectively the Imtml Series 2001 Bond and all substitute bonds exchanged therefor, as well as all other subsntute bonds and replacement bonds issued pursuant hereto, and the term "Series 2001 Bond" shall mean any of the Series 2001 Bonds (b) the term "Imtlal Bond'* as used m tins Ordinance shall mean and include collectively the Imt~al Series 2001 Bond, the term "Bonds" as used m th~s Ordinance shall mean and include collectively the ImUal Bond and all substitute bonds exchanged therefor, as well as all other substitute bonds and replacement bonds ~ssued pursuant hereto, and the term "Bond" shall mean any of the Bonds Section 3 INITIAL DATE, DENOMINATION, NUMBER, MATURITIES, INITIAL REGISTERED OWNER, AND CHARACTERISTICS OF THE INITIAL BONDS (a) The lint,al Series 2001Bond is hereby authorized to be issued, sold, and delivered hereunder as a single fully registered Bond, vnthout interest coupons, dated April 15, 2001, in the denom~nanon and aggregate prmclpal amount of , numbered R-t, payable m annual installments of principal to the re,ual registered owner thereof, tu-w~t DAIN RAUSCHER INCORPORATED or to thc registered assignee or assignees of said Sones 2001 Bond or any portion or portions thereof (in each case, the "registered owner"), wath the annual installments of principal of the lmtial Series 2001 Bond to be payable on the dates, respectively, and m the principal amounts, respectively, stated m the FORM OF INITIAL SERIES 2001 BOND set forth m this Ordinance (b) The Initial Bond (0 may and shall be prepaid or redeemed prior to the scheduled due dates of installments of pnnmpal thereof, (ii) may be assigned and transferred, (iii) may be converted and exchanged for other Bonds, (iv) shall have the characteristics, and (v) shall be signed and sealed, and the pnncipal of and interest on the Imtlal Bond shall be payable, all as prowded, and in the manner required or indicated, in the FORM OF INITIAL SERIES 2001 BOND set forth in this Ordinance Section 4 INTEREST The unpmd pnnclpal balance of the Imtlal Bond shall bear interest from the date of the Initial Bond to the respective scheduled due dates, or to the dates of prepayment or redemption, of the installments of pnncipal of the Imtaal Bond, and said interest shall be payable, all in the manner provided and at the rates and on the dates stated in the FORM OF INITIAL SERIES 2001 BOND set forth in this Ordinance Section 5 FORM OF INITIAL SERIES 2001 BOND The form of the Initial Bond, including the form of Registration Cemfieate of the Comptroller of Public Accounts of the State of Texas to be endorsed on the Initial Bond, shall be substantially as follows FORM OF INITIAL SERIES 2001 BOND NO R-1 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON UTILITY SYSTEM REVENUE REFUNDING AND IMPROVEMENT BOND SERIES 2001 THE CITY OF DENTON, in Denton County, Texas (the "Issuer"), being a political subd~vision of the State of Texas, hereby promises to pay to DAIN RAUSCHER INCORPORATED or to the registered assignee or assignees of this Bond or any portion or portions hereof (in each case, the "registered owner") the aggregate principal amount of $ THOUSAND DOLLARS) ~n annual installments of principal due and payable on December 1 in each of the years, and m the respective principal amounts, as set forth in the following schedule and to pay interest, from the date of this Bond hereinafter stated, on the balance of each such installment of pnncipal, respectively, from time to time remaining unpaid, at the rates as follows PRINCIPAL INTEREST PRINCIPAL INTEREST YEAR AMOUNT RATE(%) YEAR AMOUNT RATE(%) 2001 2013 2002 2014 2003 2015 2004 2016 2005 2017 2006 2018 2007 2019 2008 2020 2009 2021 2010 2022 2011 2023 2012 2024 Interest shall be due and payable on December 1, 2001 and semmnnually on each June 1 and December 1 thereafter whale flus Bond or any portion hereof ,s outstanding and unpa,d Said mterest shall be calculated on the bas,s cfa 360-day year composed of twelve 30-day months THE INSTALLMENTS OF PRINCIPAL OF AND THE INTEREST ON flus Bond are payable ,n lawful money of the Umted States of America, without exchange or collection charges The mstallments of prme,pal and the interest on tins Bond are payable to the registered owner hereof through the serv,ces of BANK ONE, NA, DALLAS, TEXAS, wluch is the "Paying Agent/Registrar' for flus Bond Payment of all principal of and interest on tins Bond shall be made by the Paying Agent/Reg, strar to the reg, stered owner hereof on each pnnclpal and/or interest payment date by check, dated as of such date, drawn by the Paymg Agent/Reg,strar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the ,ssuance of flus Bond (the "Bond Ordinance'~) to be on deposit vath the Paying Agent/Registrar for such purpose as hereinafter pro- v,ded, and such check shall be sent by the Paying AgentYReglstrar by Un,ted States marl, first-class postage prepaad, on each such print,pal and/or interest payment date, to the reg,stered owner hereof, at the address of the reg,stered owner, as it appeared on the 15th day of the month next precedmg each such date (the "Record Date") on the Registration Books kept by the Pay,ng AgentJReg,strar, as heremaf~er described The Issuer covenants vath the registered owner of flus Bond that on or before each principal and/or mterest payment date for this Bond it vall make available to the Paying Agent/Registrar, from the "Interest and Smk,ng Fund" mamtamed pursuant to the Bond Ordmance, the amounts required to prov,de for the payment, ,n ,mmed~atoly avadable funds, of all principal of and interest on this Bond, when due IF THE DATE for the payment of the prmc,pal of or interest on flus Bond shall be a Saturday, Sunday, a legal holiday, or a day on wluch banPang mst,tut,ons m the City where the Paymg Agent/Reg,strar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal hohday, or day on which bankang ,nsUtut,ons are authorized to close, and payment on such date shall have the same force and effect as ffmade on the original date payment was due THIS BOND has been anthonzed m accordance w,th the Const,tut~on and laws of the State of Texas in the principal aarount of FOR THE PURPOSE OF OBTAINING FUNDS REQUIRED TO REFUND $30,665,000 IN AGGREGATE PRINCIPAL AMOUNT OF CITY OF DENTON UTILITY SYSTEM REVENUE BONDS AND TO PROVIDE FOR IMPROVEMENTS AND EXTENSIONS OF THE SYSTEM 4 ON JUNE 1,2011, or on any date whatsoever thereafter, the unpaid installments of principal of flus Bond may be prepatd or redeemed prior to thetr scheduled due dates, at the optton of the Issuer, vath funds derived from any available source, as a whole, or m part, and, ffin part, the pamcnlar portton of flus Bond to be prepaid or redeemed shall be selected and designated by the Issuer (provtded that a portion ofthts Bond may be redeemed only m an integral multaple of $5,000), at the prepayment or redemption pnee of the par or pnnc:pal amount thereof, plus accrued interest to the date fixed for prepayment or redemptton AT LEAST 30 days prior to the date fixed for any such prepayment or redemptton a written notice of such prepayment or redemptton shall be totaled by the Paying Agent/Registrar to the regtstered owner hereof By the date fixed for any such prepayment or redemptton due prowston shall be made by the Issuer w~th the Paying Agent/Regtstrar for the payment of the reqmred prepayment or redemption pnee for tbas Bond or the portton hereof whtch is to be so prepmd or redeemed, plus accrued interest thereon to the date fixed for prepayment or redemption If such written notaee of prepayment or redemptton Is gtven, and ff due pruvtston for such payment ts made, all as provtded above, flus Bond, or the portion thereof whtch ts to be so prepatd or redeemed, thereby automattcally shall be treated as prepmd or redeemed prior to tts scheduled due date, and shall not bear tnterest ax'~er the date fixed for tts prepayment or redemption, and shall not be regarded as being outstanding except for the right of the regtstered owner to recetve the prepayment or redemptton price plus accrued interest to the date fixed for prepayment or redemptton from the Paying Agent/Registrar out of the funds provtded for such payment The Paying Agent/Regtstrar shall record in the Registratton Books all such prepayments or redempttons of pnnclpal of flus Bond or any portton hereof THIS BOND, to the extent of the unpatd or unredeemed principal balance hereof, or any unpatd and unredeemed portion hereof m any integral multtple of $5,000, may be asstgned by the anttal regtstered owner hereof and shall be transferred only m the Rogtstratton Books of the Issuer kept by the Paying Agent/Registrar actang tn the capacity of registrar for the Bonds, upon the terms and condmons set forth tn the Bond Ordinance Among other requtrements for such transfer, flus Bond must be presented and surrendered to the Paying Agent/Regxstrar for cancellation, together w~th proper instruments ofasstgnment, m form and wtth guarantee of sxgnatures satisfactory to the Paying Agent/Registrar, evtdenc~ng asstgament by the ~mt~al regtstered owner of flus Bond, or any pomon or portions hereof m any integral multtple of $5,000, to the assignee or asstgnees tn whose name or names flus Bond or any such portion or porttons hereof ts or are to be transferred and regtstered Any instrument or instruments of assignment satasfactory to the Paytng Agent/Regtstrar may be used to evidence the asstgnment of flus Bond or any such portion or porttons hereof by the inmal regtstered owner hereof A new bond or bonds payable to such assignee or asstgnees (wluch then will be the new regtstered owner or owners of such new Bond or Bonds) or to the tnmal registered owner as to any portton of thts Bond which ~s not being assigned and transferred by the ~mttal regtstered owner, shall be dehvered by the Paying Agent/Registrar mconverston of and exchange for this Bond or any portion or porttons hereof, but solely tn the form and manner as provided m the next paragraph hereof for the converston and exchange of flus Bond or any portion hereof The registered owner of flus Bond shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, mcludtng payment and dtscharge of habfltty upon t.has Bond to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary AS PROVIDED above and m the Bond Ordmance, thts Bond, to the extent of the unpatd or unredeemed pnncxpal balance hereof, may be converted into and exchanged for a hke aggregate prmcxpal amount of fully regtstered bonds, wxthout tnterest coupons, payable to the asstgnee or asstgnees duly designated tn writing by the tmtml registered owner hereof, or to the mmal registered owner as to any portton of flus Bond which ~s not being assigned and transferred by the tnmal regtstered owner, ~n any denommatton or denommat~ons in any integral multtple of $5,000 (subject to the requtrement heretnaffer stated that each substitute bond issued m exchange for any portton of flus Bond shall have a single stated prmetpal matanty date), upon surrender of flus Bond to the Paying Agent/Registrar for cancellation, all m accordance vath the form and procedures set forth m the Bond Ordinance If this Bond or any portion hereof IS assigned and transferred or converted each bond issued m exchange for any portion hereof shall have a single stated principal maturity date corresponding to the due date of the installment of principal oft-his Bond or portion hereof for which the substitute bond is being exchanged, and shall bear interest at the rate applicable to and borne by such installment of prmmpal or portion thereof Such bonds, respectively, shall be subject to redemption prior to maturity on the same dates and for the same prices as the corresponding installment of principal of this Bond or portion hereof for wluch they are being exchanged No such bond shall be payable m installments, but shall have only one stated principal maturity date AS PROVIDED 1N THE BOND ORDINANCE, THIS BOND IN ITS PRESENT FORM MAY BE ASSIGNED AND TRANSFERRED OR CONVERTED ONCE ONLY, and to one or more assignees, but the bonds issued and delivered m exchange for flus Bond or any pomon hereof may be assigned and transferred, and cenverted, subsequently, as provided m the Bond Ordinance The Issuer shall pay the Paying AgenffReglstrar's standard or customary fees and charges for transferring, converting, and exchanging flus Bond or any porUon thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be pa~d with respect thereto The Paying Agent/Registrar shall not be required to make any such assignment, conversion, or exchange (l) dunng the period commencing vnth the close of business on any Record Date and ending vath the opemng of buamess on the next following principal or interest payment date, or, (u) vath respect to any Bond or portion thereof called for prepayment or redemption prior to maturity, w~flun 45 days prior to its prepayment or redemption date 1N THE EVENT any Paying Agent/Registrar for flus Bond is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and promptly will cause written notice thereof to be mailed to the registered owner of flus Bond IT IS HEREBY cemfied, recited, and covenanted that flus Bond has been duly and validly authorized, issued, sold, and delivered, that all acts, con&tlons, and flungs required or proper to be performed, exist, and be done precedent to or m the authorization, issuance, and delivery of flus Bond have been performed, existed, and been done in accordance with law, that flus Bond is a special obligation of the Issuer, secured by and payable, together w~th other bonds, from a first lien on and pledge of the "Pledged Revenues", which include initially the "Net Revenues of the System" as such terms are defined in the Bond Ordinance, with the System consisting of the City's entire combined waterworks, sewer, and electric light and power system THE ISSUER has reserved the right, subject to the restrictions stated in the Bond Ordinance, to issue Additional Bonds payable from and secured by a first lien on and pledge of the "Pledged Revenues" on a panty with this Bond THE ISSUER also has reserved the right, subject to the restrictions stated In the Bond Ordinance, to amend the Bond Ordinance with the approval of the holders or owners of fifty-one percent in prmmpal amount of all outstanding bonds winch are secured by and payable from a first lien on and pledge of the Pledged Revenues THE REGISTERED OWNER hereof shall never have the right to demand payment of this Bond or the interest hereon out of any funds raised or to be raised by taxation or from any source whatsoever other than specified m the Bond Ordinance BY BECOMING the registered owner of this Bond, the registered owner thereby acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond Ordmanee is duly recorded and available for inspection in the official nunutes and records of the govermng body of thc Issuer, and agrees that the terms and prov~s~ons ofth~s Bond and the Bond Ordinance constitute a contract between the registered owner hereof and the Issuer IN WITNESS WHEREOF, the Issuer has caused flus Bond to be signed w~th the manual or facsimile s~guature of the Mayor of the Issuer and ooanters~gued w~th the manual or facsLmfle s~gnamre of the C~ty Secretary of the Issuer, has caused the official seal of the Issuer to be duly unpressed, or placed ~n facsunfle, on flus Bond, and has caused flus Bond to be dated April 15, 2001 C~ty Secretary, C~ty of Denton, Texas Mayor, C~ty of Denton, Texas (CITY SEAL) (BOND INSURANCE LEGEND, IF ANY) FORM OF REGISTRATION CERTIFICATE OF THE COMPTROLLER OF PUBLIC ACCOUNTS COMPTROLLER'S REGISTRATION CERTIFICATE REGISTER NO I hereby cemfy that flus Bond has been examined, certified as to vahd~ty, and approved by the Attorney General of the State of Texas, and that flus Bond has been registered by the Comptroller of Pubhc Accounts of the State of Texas W~mess my signature and seal flus Comptroller of Pubhc Accounts of the State of Texas (COMPTROLLER'S SEAL) Section 6 ADDITIONAL CHARACTERISTICS OF THE BONDS Reg~stratmn and Transfer (a) The Issuer shall keep or cause to be kept at the pnnc~pal corporate trust office of BANK ONE, NA, DALLAS, TEXAS (the "Paying AgenffReg~strar") books or records of the registration and transfer of the Bonds (the "Reg~stratmn Books"), and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such transfers and reg~strataons under such reasonable regulatmns as the Issuer and Paying Agent/Registrar may prescribe, and the Paying Agent/Registrar shall make such transfers and registrations as hereto prowded The Paying Agent/Registrar shall obtmn and record m the Registration Books the address of the registered owner of each Bond to which payments vnth respect to the Bonds shall be marled, as hereto provided, but ~t shall be the duty of each registered owner to notify the Paying Agent/Registrar m writing of the address to which payments shall be totaled, and such ~nterest payments shall not be marled unless such notice has been g~ven The Issuer shall have the right to respect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwtse the Paying Agent/Registrar shall keep the Reglstratnon Books confidenttal and, unless otherwise reqmred by law, shall not permit thenr mspectaon by any other entaty Reglstratmn of each Bond may be transferred m the Reglstrataon Books only upon presentatmn and surrender of such Bond to the Paying Agent/Regnstrar for transfer of registration and caneellaUon, together vath proper written mstrumeots ofassngnment, m form and v~th guarantee of signatures satasfactory to the Paying Agent/Regnstrar, evidencing 0) the assngnment of the Bond, or any pomon thereof m any mtogral multiple of $5,000, to the assignee or assignees thereof, and (u) the right of such assignee or asstgnees to have the Bond or any such portion thereof regtstered m the name of such assignee or asstgnees Upon the assngnment and transfer of any Bond or any pomon thereof, a new subsUtute Bond or Bonds shall be tssued m conversion and exchange therefor m the manner hereto prowded The Inntal Bond, to the extent of the unpaid or unredeemed pnnclpal balance thereof, may be assigned and transferred by the lnnlal registered owner thereof once only, and to one or more assignees designated m writing by the lnmal regtstered owner thereof All Bonds issued and delnvered m conversion of and exchange for the Inmal Bond shall be m any denommataon or denommatnons of any integral multaple of $5,000 (subject to the reqmrement hereinafter stated that each substitute Bond shall have a single stated prmctpal maturity date), shall be in the form prescribed tn the FORM OF SUBSTITUTE SERIES 2001 BOND set forth m flus Ordinance, and shall have the characteristics, and may be assigned, transferred, and converted as hereinafter provtded If the Imtaal Bond or any portion thereof is assngned and transferred or converted the Imtaal Bond must be surrendered to the Paymg Agent/Registrar for cancellataon, and each Bond issued nn exchange for any pomon of the Imtaal Bond shall have a single stated principal maturity date, and shall not be payable in installments, and each such Bond shall have a prmcipal maturity date corresponding to the due date of the installment of principal or pomon thercof for wbach the substntute Bond ns being exchanged, and each such Bond shall bear interest at the smgle rate applicable to and borne by such installment of principal or pomon thereof for which n is being exchanged If only a portnon of the Imtaal Bond is assigned and transferred, there shall be dehvered to and regnstered m the name of the antlal registered owner substatute Bonds m exchange for the unasstgned balance of the Imtaal Bond tn the same manner as lfthe mmal registered owner were the assngnee thereof If any Bond or pomon thereof other than the Imtaal Bond is assigned and transferred or converted each Bond nssued in exchange therefor shall have the same prmclpal maturity date and bear mterest at the same rate as the Bond for wluch n ns exchanged A form of assngnmeat shall be prmted or endorsed on each Bond, exeoptmg the Imtaal Bond, whtch shall be executed by the registered owner or tts duly authorized attorney or representative to evidence an assignment thereof Upon surrender of any Bonds or any portion or portions thereof for transfer of registrataon, an authorized representative of the Paying Agent/Registrar shall make such transfer tn the Reg~straUon Books, and shall delnver a new fully regnstered subetttute Bond or Bonds, having the charactensUcs heretn described, payable to such assignee or asstgnees (which then will be the registered owner or owners of such new Bond or Bonds), or to the prewous regtstered owner m case only a pomon of a Bond ts being assigned and transferred, all in conversion of and exchange for satd asstgned Bond or Bonds or any portton or portions thereof, nt the same form and manner, and w~th the same effect, as provtded in SecUon 6(d), below, for the conversion and exchange of Bonds by any regtstered owner of a Bond The Issuer shall pay the Paying Agent/Reglstrar's standard or customary fees and charges for making such transfer and delnvery ofa subsutute Bond or Bonds, but the one requesting such transfer shall pay any taxes or other governmental charges reqmred to be pa~d wtth respect thereto The Paying Agent/Registrar shall not be reqmred to make transfers of reglstratton of any Bond or any pomon thereof 0) durmg the period commencnng wtth the close of bustness on any Record Date and ending with the openmg of bus~ness on the next £ollowtng pnnclpal or interest payment date, or, (ii) with respect to any Bond or any pomon thereof called for redemptton prior to maturity, wtflun 45 days prior to ns redemption date (b) Ownership of Bonds The enttty m whose name any Bond shall be regtstered m the Registrat~on Books at any tame shall be deemed and treated as the absolute owner thereof for all purposes of flus Ordinance, whether or not such Bond shall be overdue, and the Issuer and the Paying AgentJReglstrar shall not be affected by any notace to the contrary, and payment of, or on account of, the principal of, premium, ffany, and interest on any such Bond shall be made only to such regastered owner AIl such payments shall be vahd and effectual to satasf3' and d~scharge the habflaty upon such Bond to the extent of the sum or sums so pard (c) P~vmcn~ of Bonds and Interest The Issuer hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of and mtorest on the Bonds, and to act as ~ts agent to convert and exchange or replace Bonds, all as provaded m th~s Ordinance The Paytng Agent/Regtstrar shall keep proper records of all payments made by the Issuer and the Paying Agent/Regtstrar vath respect to the Bonds, and of all eonverstons and exchanges of Bonds, and all replacements of Bonds, as provtded tn th~s Ordinance (d) Conversa0n and Exchange or Renlacement4 Authenucatton Each Bond issued and dehvered pursuant to tbas Ordinance, to the extent of the unpatd or unredeemed pnncipal balance or pnnc~pal amount thereof, may, upon surrender of such Bond at the pnncapal corporate trust office of the Paymg Agent/Registrar, together wath a written request therefor duly executed by the regtstered owner or the asstgnee or asstgnees thereof, or ats or themr duly anthonzed attorneys or representattves, vnth guarantee of stgnatures satmsfaetory to the Paying AgentiRegtstrar, may, at the optton of the regtstered owner or such assignee or asstgnees, as appropnata, be converted into and exchanged for fully registered bonds, w~thout interest coupons, m the form prescribed mn the FORM OF SUBSTITUTE SERIES 2001 BOND set forth an this Ordinance, m the denonunatmn of $5,000, or any integral multaple of $5,000 (subject to the requmrement hereinafter stated that each substmtote Bond shall have a single stated maturity date), as requested m wnUng by such regmstered owner or such assmgnee or asstgnees, m an aggregate pnnctpal amount equal to the unpaid or unredeemed pnnctpal balance or pnncapal amount of any Bond or Bonds so surrendered, and payable to the appropriate registered owner, assagnee, or assagnees, as the case may be If the Imt~al Bond as assigned and transferred or converted each substatute Bond issued m exchange for any portton of the Imttal Bond shall have a single stated prmctpal maturity date, and shall not be payable m installments, and each such Bond shall have a pnnctpal maturity date corresponding to the due date of the mstallment of pnnclpal or portion thereof for whtch the substmtute Bond ts being exchanged, and each such Bond shall bear interest at the single rate applicable to and borne by such tnstallmeat ofprmcapal or portion thereof for wtuch mt is bemg exchanged Ifa portton ofany Bond (other than the Imtmal,Bond) shall be redeemed prior to its scheduled maturity as provided herein, a substttute Bond or Bonds having the same maturity date, bearing interest at the same rate, tn the denomlnatton or denomtnattons of any mtegral multiple of $5,000 at the request of the regtstered owner, and an aggregate pnnctpal amount equal to the unredeemed poraon thereof, will be issued to the regtstered owner upon surrender thereof for eancellatton If any Bond or porUon thereof (other than the Inmal Bond) ms assigned and transferred or converted, each Bond assued m exchange therefor shall have the same pnnclpal maturity date and bear tnterest at the same rate as the Bond for which at ms being exchanged Each substttute Bond shall bear a letter and/or number to distinguish It from each other Bond The Paytng Agent/Regtstrar shall convert and exchange or replace Bonds as provmded herein, and each fully registered bond delivered m conversion of and exchange for or replacement of any Bond or porUon thereof as penmtted or reqmred by any provms~on oftlus Orchnance shall constitute one of the Bonds for all purposes of tlus Ordinance, and may agam be converted and exchanged or replaced It is specafieally provmded that any Bond authentmcated m conversaon of and exchange for or replacement of another Bond on or prior to the first scheduled Record Date for the Imttal Bond shall bear mnterest from the date of the Imtial Bond, but each substttuto Bond so authenttcatod after such first scheduled Record Date shall bear interest from the interest payment date next preceding the date on whach such substitute Bond was so authenticated, unless such Bond as authentxcated after any Record Date but on or before the next following interest payment date, m which case tt shall bear interest from such next followtng interest payment date, prowded, however, that tf at the tmme of delivery of any substttute Bond the interest on the Bond for whtch at ts being exchanged Is due but has not been pa~d, then such Bond shall bear mtorest from the date to which such ~nterest has been pard an full THE INITIAL SERIES 2001 BOND tssued and dehvered pursuant to th~s Ordtnance ms not required to be, and shall not be, authenttcated by the Paying Agent/Regtstrnr, but on each 9 substitute Bond assued m conversaon of and exchange for or replacement of any Bond or Bonds issued under flus Ordalance there shall be printed a certificate, m the form substantmlly as follows "PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE It as hereby cemfied that flus Bond has been issued under the provisions of the Bond Ordinance described in flus Bond, and that flus Bond has been issued m convemon of and exchange for or replacement ora bond, bonds, or a portion ora bond or bonds of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Pubhc Accounts of the State of Texas BANK ONE, NA, DALLAS, TEXAS Paying Agent/Registrar Dated By Authorized Representative" An authorized representative of the Paying AgenffReglstrar shall, before the dehvery of any such Bond, date and manually sign the above Certificate, and no such Bond shall be deemed to be Issued or outstanding unless such Certificate is so executed The Paym8 Agent/Registrar promptly shall cancel all Bonds surrendered for conversion and exchange or replacement No adchtional ordinances, orders, or resolutions need be passed or adopted by the governing body of the Issuer or any other body or person so as to accomphsh the foregoing conversion and exchange or replacement of any Bond or portion thereof, and the Paymg Agent/Registrar shall provide for the pnntmg, execuUon, and dehvery of the substitute Bonds tn the manner prescribed hereto, and said Bonds shall be of type composmon pnnted on paper w~th hthographed or steel engraved borders of customary weight and strength Pursuant to Chapter 1201, Texas Government Code, the duty of conversion and exchange or replacement of Bonds as aforesaid as hereby imposed upon the Paying Agent/Registrar, and, upon the execution of the above Paying Agent/Regastrar's Authentication Certificate, the converted and exchanged or replaced Bond shall be vahd, incontestable, and enforceable an the same manner and with the same effect as the Imtial Bond which originally was issued pursuant to flus Ordinance, approved by the Attorney General, and registered by the Comptroller of Pubhc Accounts The Issuer shall pay the Paying AgentJReglstrar's standard or customary fees and charges for transferrmg, converting, and exchanging any Bond or any portion thereof, but the one requesting any such transfer, conversion, and exchange shall pay any taxes or governmental charges reqmred to be paid with respect thereto as a condition precedent to the exeretse of such privilege of conversion and exchange The Paying Agent/Registrar shall not be required to make any such conversion and exchange or replacement of Bonds or any portion thereof0) dunng the period commencing with the close of business on any Record Date and ending wuth the opemng of business on the next following pnnclpal or interest payment date, or, (la) w~th respect to any Bond or pomon thereof called for redemption prior to maturity, within 45 days prior to ars redemption date (e) In Gqneral All Bonds issued m convemon and exchange or replacement of any other Bond or portion thereof, 0) shall be issued an fully registered form, without interest coupons, with the principal of and interest on such Bonds to be payable only to the registered owners thereof, (aa) may and shall be redeemed prior to their scheduled maturities, (iii) may be transferred and assigned, (iv) may be converted and exchanged for other Bonds, (v) shall have the charactenmcs, (vt) shall be signed and sealed, and (vii) the principal of and interest on the Bonds shall be payable, all as provided, and m the manner reqmred or indicated, in the FORM OF SUBSTITUTE SERIES 2001 BOND set forth m this Ordinance 10 (f) P~ym0nt 0fFees and Chard, es The Issuer hereby covenants with the registered owners of the Bonds that it will 0) pay the standard or customary fees and charges of the Paying Agent/Registrar for its services w~th respect to the payment of the principal of and interest on the Bonds, when due, and (n) pay the fees and charges of the Paying Agent/Registrar for senaces w~th respect to the transfer of registration of Bonds, and with respect to the conversion and exchange of Bonds solely to the extent above provided in th~s Or&nance (g) Substitute Pavm~ A~ent/Re,,istrar The Issuer covenants w~th the registered owners of the Bonds that at all tunes while the Bonds are outstanding the Issuer will prowde a competent and legally qualified bank, trust company, financial msUtutlon, or other agency to act as and perform the semces of Paying Agent/Registrar for the Bonds under tlus Ordinance, and that the Paying Agent/Registrar will be one entity The Issuer reserves the right to, and may, at its opUon, change the Paying AgentYRegistrar upon not less than 120 days written noUeo to the Paying Agent/Registrar, to be effective not later than 60 days prior to the next pnnmpal or interest payment date a~er such notme In the event that the entity at any t~me acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the Issuer covenants that promptly it will appoint a competent and legally qualified bank, trust company, financial mst~tution, or other agency to act as Paying AgenffRegistrar under this Ordinance Upon any change m the Paying Agent/Registrar, the previous Paying AgenffReglstrar promptly shall transfer and deliver the Registration Books (or a copy thereof), along w~th all other pertinent books and records relating to the Bonds, to the new Paying Agent/Registrar deslgnnted and appointed by the Issuer Upon any change m the Paying Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by the new Paying Agent/Registrar to each registered owner of the Bonds, by Umted States mall, first-class postage prepaid, which notice also shall give the address of the new Paying AgenffR.egistrar By accepting the posmon and perforunng as such, each Paying Agent/Registrar shall be deemed to have agreed to the prowslons of this Ordinance, and a certified copy of tlus Ordinance shall be delivered to each Paymg Agent/Registrar SeoUon 7 FORM OF SUBSTITUTE BONDS The form of all Bonds issued m conversmn and exchange or replacement of any other Bond or portion thereof, mcludmg the form of Paying AgenffRegistrar's Certificate to be printed on each of such Bonds, and the Form of Assignment to be printed on each of the Bonds, shall be, respectively, substantially as follows, with such appropriate variations, ounsslons, or insertions as are perrmtted or required by this Ordinance FORM OF SUBSTITUTE SERIES 2001 BOND NO UNITED STATES OF AMERICA PRINCIPAL AMOUNT STATE OF TEXAS $ COUNTY OF DENTON CITY OF DENTON UTILITY SYSTEM REVENUE REFUNDING AND IMPROVEMENT BOND SERIES 2001 INTEREST MATURITY RATE DATE DATE OF ISSUE CUSIP NO % APRIL 15, 2001 ON THE MATURITY DATE specified above the CITY OF DENTON, m Denton County, Texas (the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to , or to the registered assignee hereof (either being hereinafter called the "registered owner") the principal amount of 11 and to pay interest thereon from April 15,2001, to thc maturity date specified above, or the date of redemption prior to maturity, at the interest rate per annum specified above, vath interest being payable on December l, 2001, and sermannually on each June 1 and December 1 thereafter, except that if the date of authentication of this Bond is later than the first Record Date (hereinafter defined), such principal mount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date (hereinafter defined) but on or before the next follownag interest payment date, in which case such principal amount shall bear interest from such next following interest payment date Said interest shall be calculated on the basis of a 360-day year composed of twelve 30-day months THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the Umted States of America, without exchange or collection charges The pnnclpal of tins Bond shall be paid to the registered owner hereof upon presentation and surrender oftlus Bond at maturity or upon the date fixed for its redemption prior to maturity, at the pnnelpal corporate trust office of BANK ONE, NA, DALLAS, TEXAS, which as the "Paying Agent/Registrar" for tins Bond The payment of interest on this Bond shall be made by the Paying AgentYReglstrar to the registered owner hereof on each interest payment date by check, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of the Bonds (the "Bond Ordinance") to be on deposn with the Paying Agent/Registrar for such purpose as hereinafter provided, and such check shall be sent by the Paymg Agent/Registrar by Umted States mml, first-class postage prepaid, on each such interest payment date, to the registered owner hereof, at the address of the registered owner, as n appeared at the close of business on the 15th day of the month next preoedmg each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described However, the payment of such interest may be made by any other method acceptable to the Paying Agent/Registrar and requested by, and at the risk and expense of, the registered owner hereof Any accrued interest due upon the redemption of this Bond pnor to maturity as provided hereto shall be prod to the registered owner at the principal corporate trust office of the Paying Agent/Registrar upon presentation and surrender of this Bond for redemption and payment at the principal corporate trust office of the Paying Agent/Registrar The Issuer covenants with the registered owner of tlus Bond that on or before each pnncapal payment date, interest payment date, and accrued interest payment date for this Bond it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Bond Ordinance, the amounts required to provide for the payment, an lnunedlately available funds, of ali pnnclpal of and interest on the Bonds, when due IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions m the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal hohday, or day on which banking institutions are authorized to close, and payment on such date shall have the same force and effect as if made on the original date payment was due THIS BOND as one of an issue of Bonds mmally dated April 15, 2001, authorized in accordance with the Constitution and laws of the State of Texas in the pnncapal amount of FOR THE PURPOSE OF OBTAINING FUNDS REQUIRED TO REFUND $30,665,000 1N AGGREGATE PRINCIPAL AMOUNT OF CITY OF DENTON UTILITY SYSTEM REVENUE BONDS AND TO PROVIDE FOR IMPROVEMENTS AND EXTENSIONS OF THE SYSTEM, AND SHALL BE DESIGNATED 12 ON JUNE 1,2011, or on any date whatsoever thereafter, thc Bonds of tlus Series may bc redeemed prior tothelr scheduled maturities, at the optton of the Issucr, vnth funds derived from any avadablc and lawful source, as a whole, or m part, and, If m part, thc parttcular Bonds, or porttons thereof, to be redeemed shall bc sclcctcd and destgnated by the Issuer (prowded that a porUon of a Bond may be rcdecmcd only m an integral multtple of $5,000), at thc rcdemptton price of the par or pnnctpal amount thereof, plus accrued mtcrcst to the datc fixed for redemptton AT LEAST 30 days prior to the date fixed for any redcmptton of Bonds or porttons thereof prior to maturity a written nottc¢ of such redemption shall bc sent by the Paytng Agent/Regtstrar by Umtcd States mall, first-class postage prepatd, not less than 30 days prior to the date fixed for any such rcdemptton, to thc regtstered owner of each Bond to bc redeemed at its address as tt appeared on the 45th day prior to such rcdcmptaon date and to major securities depositories, nattonal bond rating agenctcs and bond tnformatton scrvtces, provided, however, that the fmlur¢ of the registered owner to recctvc such nottcc, or any defect thcrctn or tn thc sending or marling thereof, shall not affect thc valtdtty or effecttveness of thc proceedings for thc rcdemptton of any Bond By thc date fixed for any such redemptton due prov~ston shall be made wtth thc Paytng Agent/Registrar for the payment of the required redemptton price for the Bonds or portions thereof whtch are to be so redeemed, plus accrued interest thereon to the date fixed for redcmptton If such written nottcc of redemptton ts sent and ffdue prowston for such payment ts madc, all as provtded above, the Bonds or portions thereof winch are to be so redeemed thereby automattcally shall bc treated as redeemed prior to their scheduled maturmes, and they shall not bear interest after the date fixed for rcdempUon, and they shall not bc regarded as being outstandmg except for the right of the registered owner to recctvc thc rcdempUon price plus accrued interest from the Paying Agent/Regtstrar out of thc funds provtded fur such payment Ifa portion of any Bond shall bc redeemed a substitute Bond or Bonds having the same maturity date, bearing interest at thc same rate, m any denonnnatlon or denominations m any tntegral multtple of $5,000, at the written request of the regtstered owner, and m aggregate pnnctpal amount equal to the unredeemed portton thcrcof, wtll be issued to thc rcgtstcred owner upon the surrender thereof for canccllatton, at thc expense of thc Issuer, all as provtded tn the Bond Orchnance THIS BOND OR ANY PORTION OR PORTIONS HEREOF IN ANY iNTEGRAL MULTIPLE OF $5,000 may be asstgned and shall be transferred only tn the Regtstratton Books of the Issuer kept by the Paying AgenffRegtstrar acting m the capacity of registrar for the Bonds, upon the terms and condtUons set forth m the Bond Ordinance Among other reqmrements for such asstgnment and transfer, tbas Bond must be presented and surrendered to the Paymg Agent/Regtstrar, together w~th proper instruments of assignment, tn form and wtth guarantee of stgnatures sattsfactow to the Paymg Agent/Registrar, evidencing asstgnment of th~s Bond or any portion or portions hereof tn any mtegral multtple of $5,000 to the asstgnee or asstgnees tn whose name or names thts Bond or any such port,on or porttons hereof ts or are to be transferred and regtstered The furm ofAsstgnment pnnted or endorsed on thts Bond shall be executed by the regtstered owner or its duly anthonzed attorney or representattve, to evidence the asstgnment hereof A new Bond or Bonds payable to such assignee or assignees (wbach then wtll be the new regtstered owner or owners of such new Bond or Bonds), or to the prevtous registered owner tn the case of the asstgnment and transfer of only a portton of th~s Bond, may be dehvered by the Paying Agent/Registrar In conversion of and exchange for thts Bond, all tn the form and manner as provaded tn the next paragraph hereof for the converston and exchange of other Bonds The Issuer shall pay the Paying Agent/Regtstrar's standard or customaEe fees and charges for making such transfer, but the one rcqucstmg such transfer shall pay any taxes or other governmental charges reqmred to be pa~d wtth respect thereto The Paying Agent/Registrar shall not be requtred to make transfers of regts- tratton of tlus Bond or any portion hereof 0) during the period commencing w~th the close of business on any Record Date and ending with the opening of business on the next fullowmg pnnclpal or mterest payment date, or, (n) wtth respect to any Bond or any portion thereof called for redemption prior to maturity, wltlun 45 days prior to its redemption date The registered owner of thts Bond shall be deemed and treated by the Issuer and 13 the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and d~scharge of habdlty upon fins Bond to the extent of such payment, and the Issuer and the Paying AgentYReglstrar shall not be affected by any notice to the contrary ALL BONDS OF THIS SERIES are lssuable solely as fully registered bonds, w~thout interest coupons, m the denomination of any integral multiple of $5,000 As provided m the Bond Ordinance, this Bond, or any unredeemed portion hereof, may, at the request of the registered owner or the assignee or as- signees hereof, be converted into and exchanged for a hke aggregate principal amount of fully registered bonds, without interest coupons, payable to the appropriate registered owner, assignee, or assignees, as the case may be, having the same matonty date, and bearing interest at the same rate, m any denowanaUon or denominations m any integral multiple of $$,000 as requested m writing by the appropriate registered owner, assignee, or assignees, as the ease may be, upon surrender of this Bond to the Paying Agent/Registrar for cancellation, all m accordance with the form and procedures set forth m the Bond Ordinance The Issuer shall pay the Paying Agent/Reglstrar's standard or customary fees and charges for transferring, converting, and exchanging any Bond or any port,on thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid v~th respect thereto as a cond~tion precedent to the exercise of such pr~vdege of conversion and exchange The Paying AgentYReglstrar shall not be required to make any such conversion and exchange 0) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following pnncipal or interest payment date, or, (il) with respect to any Bond or portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date IN THE EVENT any Paying AgentYReglstrar for the Bonds is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted m the Bond Ordinance that it promptly will appoint a compctont and legally qualified substitute therefor, and promptly will cause written not,ce thereof to be marled to the registered owners of the Bonds IT IS HEREBY certified, recited, and covenanted that ttus Bond has been duly and validly authorized, issued, sold, and delivered, that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or m the authorization, issuance, and delivery of fins Bond have been performed, existed, and been done m accordance w~th law, that fins Bond ~s a special obligation of the Issuer, secured by and payable, together with other bonds, from a first lien on and pledge of the "Pledged Revenues", which include initially the "Net Revenues of the System", as such terms are defined ~n the Bond Ordinance, with the System consisting of the C~ty's entire combined waterworks, sewer, and electric light and power system THE ISSUER has reserved the right, subject to the restrictions stated in the Bond Ordinance, to ~ssue Addmonal Bonds payable from and secured by a first lien on and pledge of the "Pledged Revenues" on a parity with this Bond and series of which it ~s a part THE ISSUER also has reserved the right, subject to the restrictions stated in the Bond Ordinance, to amend the Bond Ordinance with the approval of the holders or owners of fifty-one percent m pnncapal amount of all outstanding bonds which are secured by and payable from a first lien on and pledge of the Pledged Revenues THE REGISTERED OWNER hereof shall never have the right to demand paymem of fins Bond or the interest hereon out of any funds raised or to be raised by taxation or from any source whatsoever other than specified m the Bond Ordinance 14 BY BECOMING the registered owner ofth~s Bond, the registered owner thereby acknowledges ~11 of' the terms and prowslons of the Bond Ordinance, agrees to be bound by such terms and provmons, acknowledges that the Bond Ordinance Is duly recorded and avmlable for inspection m thc official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions o£this Bond and the Bond Ordinance constitute a contract between each registered owner hereof and the Issuer IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed wath the manual or facsnmle signature of the Mayor of the Issuer and countersigned wath the manual or facsmule signature of the City Secretary of the Issuer, and has caused the official seal of the Issuer to be duly tmpressed, or placed m facsamle, on tlns Bond City secretary, City of Denton, Texas Mayor, City of Denton, Texas (CITY SEAL) FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby cemfied that this Bond has been issued under the provisions of the Bond Ordinance described m flus Bond, and that tbs Bond has been issued m conversion of and exchange for or replacement of a bond,, bonds, or a po~wn of a bond or bonds of an issue wbach originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas BANK ONE, NA, DALLAS, TEXAS Paying Agent/Registrar Dated By. Authorized Representative (BOND INSURANCE LEGEND, IF ANY) 15 FORM OF ASSIGNMENT ASSIGNMENT FOR VALUE RECEIVED, the undersigned registered owner of this Bond, or duly authorized mpresentatave or attorney thereof, hereby assigns tins Bond to / / (Assxgnee's Social (print or typewrite Ass~gnee's name and Security or Taxpayer address, mncludmg z~p code) Identification Number) and hereby ~rrevocably constitutes and appoints attomey to transfer the registration oftlus Bond on the Paying AgenffReg~strar's Registration Books w~th full power of substitution m the prenuses Dated Signature Guaranteed NOTICE S~gnature(s) must be guaranteed by an Registered Owner ehg~ble guarantor ~nstltutaon partmlpatmg m a NOTICE Th~ss~guaturemustcorrespondw~ththe seeurmestransferassoclataonmcogmzeds~guature name of the Registered owner appeanng on the guarantee face of flus Bond In every pamcular wathout alteration or enlargement or any change whatsoever Sectmn 8 DEFINITIONS As used m tins Ordinance the following terms shall have the meamngs set forth below, unless the text hereof specifically mcheates othemase (a) The terms "C~ty" and "Issuer" shall mean the C~ty of Denton, m Denton County, Texas (b) The term "City Council" or "Council" shall mean the governing body of the C~ty (c) The term "Bonds" shall mean collectavely the Imt~al Bond as defined and described in Sectaon 2 ofthts Ordinance and all substitute bonds exchanged therefor, and all other substitute bonds and replacement bonds, Issued pursuant to and as prowded m th~s Ordinance (d) The term "Panty Bonds" shall mean collectively 0) the outstanding C~ty of Denton Utility System Revenue Bonds, Series 1992, authorized by ordinance passed on March 3, 1992 (the "Series 1992 Bonds"), (u) the ou*standmg C~ty of Denton Utd~ty System Revenue Bonds, Series 1993, authorized by ordinance passed on March 16, 1993 (the "Series 1993 Bonds"), (m) the outstamhng Cmty of Denton Utility System Revenue Refunding Bonds, Series 1993 -A, authorized by ordinance passed on June 8, 1993 (the "Series 1993-A Bond"), 0v) the outstanding C~ty of Denton Utahty System Revenue Refunding Bonds, Taxable Series 1993-B, authorized by ordinance passed on June 8, 1993 (the "Series 1993-B Bonds"), (v) the outstanding C~ty of Denton Utility System Revenue Bonds, Series 1996, anthonzed by orchnance passed on May 7, 1996 (the 16 "Series 1996 Bonds"), (v0 the City of Denton Utility System Revenue Refunchng Bonds, Series 1996A, authorized by ordinance passed on May 7, 1996 (the "Series 1996A Bonds"), (vii) the City of Denton UUllty System Revenue Bonds, Series 1998, anthonzed by ordinance passed on March 24, 1998 (the "Series 1998 Bonds"), (viii) the City of Denton Utility System Revenue Refunding Bonds, Series 1998A, authorized by ordinance passed on ~'uly 21, 199g (the "Series 1998A Bonds"), (ix) the outstanding City of Denton Utility System Revenue Refunding bonds, Series 1998B, authonzed by an ordinance passed on August 4, 1998 (the "Series 199gB Bonds"), (x) the outstanding City of Denton Utahty System Revenue Bonds, Series 2000A, authorized by an ordinance passed on April 25, 2000 (the "Series 2000A Bonds"), 0x) the outstanding City of Denton Utility System Revenue Bonds, Taxable Series 2000B, authorized by an ordinance passed on April 25, 2000 (the "Series 2000B Bonds"), and (mi) the Bonds (e) The term "Additional Bonds" shall mean the additional parity revenue bonds which the City reserves the nght to issue in the future, m accordance with Section 25 of this Ordinance (f) The term "System" shall mean (l) the City's entire eyastlng waterworks and sewer system and the City's entire erdstmg electric light and power system, together w~th all future extensions, anprovements, enlargements, and additions thereto, and all replacements thereof, and (2) any other related facilities, all or any part of the revenues or raceme from winch do, m the future, at the option of the City, and in accordance with law, become "Pledged Revenues" as heremaf~r defined, provided that, notw~thstnndlng the foregoing, and to the extent now or hereafter authorized or pernntted by law, the term System shall not mean any water, sewer, electric, or other facthtles of any kind winch are deolared not to be a part of the System, and which are acquired or constructed by the City with the proceeds from the issuance of "Special Facilities Bonds", which are hereby defined as being special revenue obhgat~ons of the C~ty winch are not payable from or secured by any Pledged Revenues, but which are secured by and payable from hens on and pledges of any other revenues, sources, or payments, including, but not lmuted to, special contract revenues or payments received from any other legal entity in connection w~th such fanflmes, and such revenues, sources, or payments shall not be considered as or constitute Gross Revenues of the System, unless and to the extent otherwise provided m the ordinance or ordinances authorizing the issuance of such "Special Facilities Bonds" (g) The terms "Gross Revenues of the System" and "Gross Revenues" shall mean all revenues and raceme of every nature derived or received by the City from the operation and ownership of the System, mcludlng the interest mcome from the investment or deposit of money in any Fund created by flus Ordmance (h) The terms "Net Revenues of the System", and "Net Revenues" shall mean all Gross Revenues after deducting therefrom an mount equal to the current expenses of operation and maintenance of the System, in- cluding all salaries, labor, materials, repairs, and extenstons necessary to render efficient service, provided, however, that only such repmrs and extensions, as m the judgment of the City Council, reasonably and fairly exercised by the adoption of appropriate resolutions, are necessary to keep the System an operation and render adequate service to smd C~ty and the inhabitants thereof, or such as rmght be necessary to meet some physical accident or condition winch would othervase lmpmr the Bonds or Additional Bonds, shall be deducted in determining "Net Revenues" Payments required to be made by the City for water supply or water fanfl~tles, sewer services or sewer facilities, fuel supply, and for the purchase of electric power, winch payments under law constttute operation and mamtenance expenses of any part of the System, shall constitute and be regarded as expenses of operation and mamtenance ofthe System under tins Ordinance Depreclatton and amortization shall not constitute or be regarded as expenses of operation and matntenance of the System (l) The term "Pledged Revenues" shall mean (l) the Net Revenues, plus 17 (2) any ad&Uonal revenues, income, or other resources wbach are expected to be available to the City on a regular penochc bas~s, including, wthout lmutauon, any grants, donauons, or mncome received or to be received from the Umted States Government, or any other public or private source, whether pursuant to an agreement or othemuse, wluch m the future may, at the opUon of the City, be pledged to the payment of the Panty Bonds or Adchtmnal Bonds (j) The term "year" or "fiscal year" shall mean the fiscal year used by the C~ty m connecUon w~th the operataon of the System (k) The term "Government Obhgatlons" shall mean chrect obbgatlons of the Umted States of America, meluchng obhgatlons the principal of/md interest on wtuch are uncond~uonally guaranteed by the Umted States of America, wluch may be Umted States Treasury obhgatlons such as its State and Local Government Series, and which may be m book-entry form SecUon 9 PLEDGE (a) The Bonds are "Addmonal Bonds" as penmtted by Sections 24 and 25 of the orthnance passed on March 10, 1983, authorizing the C~ty of Denton Refunding Bonds, Series 1983 (the "Series 1983 Bonds"), and it ~s hereby determined, declared, and resolved that all of the Panty Bonds (including the Bonds) are secured and payable equally and ratably on a panty, and that Sections 8 through 28 of th~s Ordinance are supplemental to and cumulative o£ Secuons 7 through 27 of the aforesaid ordinance passed on March 10, 1983, w~th SecUons 8 through 28 oftlus Ordinance being applicable to all of the Panty Bonds (b) The Panty Bonds and any Addmonal Bonds, and the ~nterest thereon, including any ~nterest coupons appertaanng thereto, are and shall be secured by and payable from a first lien on and pledge of the Pledged Revenues, and the Pledged Revenues are further pledged to the establishment and maintenance of the Funds created by fins Ordinance,/md any Funds created by any ordinance anthonzmg the issuance of any Addiuonal Bonds The Panty Bonds and/my Additional Bonds are not and will not be secured by or payable from a mortgage or deed of trust on any real, personal, or nuxed properties constituting the System Section l0 SYSTEM FUND There hereto/ore has been and ~s hereby created and there shall be established/md maintained on the books of the City, and accounted for separate and apart from all other funds of the C~ty, a special fund to be enUtled the "City of Denton Utility System Fund" (the "System Fund") All Gross Revenues shall be credited to the System Fund unmed~ately upon receipt, unless otherwise prowded ~n th~s Ordm/mce All current expenses of operaUen and maintenance of the System shall be pa~d from such Gross Revenues crechted to the System Fund as a first charge agmnst same Before making any deposits hereinafter required to be made from the System Fund, the C~ty shall retain in the System Fund at all times an amount at least equal to one-s~xth of the amount budgeted for the then current fiscal year for the current operaUon/md ma~nten/mce expenses of the System Sectmnll rNTERESTANDS1NKINGFUND Forthesolepurposeofpayingthepnncipalofand mterest on all Panty Bonds and Ad&taonal Bonds, there heretofore has been and is hereby created and there shall be established and mamtmned on the books of the Cmty, and accounted for separate and apart from all other funds of the City, a separate fund to be ent~fled the "City of Denton Utility System Revenue Bonds Interest and Smkmg Fund" (the "Interest and Smkang Fund") Section 12 RESERVE FUND There heretofore has been, and is hereby, created, and there shall be estabhshed and maintained at any nataonal or state bank having a capital and surplus m excess of $25,000,000, a separate fund to be enutled the "City of Denton Uuhty System Bonds and Additional Bonds Reserve Fund" (the "Reserve Fund") The Reserve Fund shall be used to pay the principal of and interest on any Parity Bonds or AddlUonal Bonds when and to the extent the amounts m the Interest and Smkmg Fund available for such 18 payment are insufficient for such purpose, and may be used for the purpose of finally reUnng the last of any Panty Bonds or Addttlonal Bonds Sectionl3 EXTENSION AND IMPROVEMENT FUND There heretofore has becn and ls hereby created and there shall be estabhshed and maintained on the books of the City, and accounted for separate and apart from all other funds of the City, a separate fund to be entitled the "City of Denton Utility System Extenslan and Improvement Fund" (the "Extension and Improvement Fund") The Extension and Improvement Fund shall be used for the purpose of paying the costs of unprovements, enlargements, extensions, add~tmns, replacements, or other capital expenditures related to the System, or for paying the costs of unexpected or extraordinary repairs or replacements of the System for winch System funds are not available, or for paying unexpected or extranrdmary expenses of operation and maintenance of thc System for winch System funds are not otherwise available, or for any other lawful purpose Section 14 EMERGENCY FUND There is hereby created and there shall be established and rnamtmned on the books of the City, and accounted for separate and apart from all other funds of the City, a separate fund to be entitled the "City of Denton Utility System Emergency Fund" (the "Emergency Fund") The Emergency Fund shall be used for the purpose ofpaymg unexpected or extraordinary expenses of repair, replacement, operation, and maintenance of the System for winch neither System funds nor the moneys in the Extension and Improvement Fund are available There was deposited m the Emergency Fund s~multaneously with the delivery of the Series 1983 Bonds to the uuual purchasers thereof from lawfully available funds of the C~ty the amount of $250,000 All investment interest raceme from the Emergency Fund shall be transferred to the System Fund as received Section 15 DEPOSITS OF PLEDGED REVENUES Pledged Revenues shall be credited to or deposited m the Interest and Stoking Fund, the Reserve Fund, the Extension and Improvement Fund, and other funds when and as required by tins Ordinance and any ordinance authorizing the issuance of Additional Bonds Section 16 INVESTMENTS Money m any Fund estabhshed pursuant to this Ordinance or any ordinance authorizing the issuance of Add~tmnal Bonds, may, at the option of the Cny, be placed m time deposits or cerUficates of deposit secured by obligations of the type hcremaitcr described, or be invested in Govemment Obhgat~ons (as defined in Section 8 hereof) or obhgattons guaranteed or insured by the Umted States of Amenca, wluch, m the opimon of the Attorney General of the United States, are backed by its full faith and credit or represent its general obligations, or mvest~xi m obhgattons oflnstrumcntalmes of the United States of America, including, but not hmlt~d to, evidences of indebtedness ~ssued, insured, or guaranteed by such governmental agencies as the Federal Land Banks, Federal Intermediate Credn Banks, Banks for Cooperatives, Federal Home Loan Banks, Government National Mortgage Association, United States Postal Service, Farmers Home Admmistratnon, Federal Home Loan Mortgage Association, Small Business Adrmmstration, Federal Housing Assocmt~on, or Participation Certificates m the Federal Assets Financing Trust, prowded that all such deposits and investments shall be made m such manner as will, m thc opuuon of the City, permit the money required to be expended from any Fund to be avadable at the proper tnue or t~mes as expected to be needed Such ~nvestments (except United States Treasury Obligations--State and Local Government Series investments held m book entry form, winch shall at all tunes be valued at cost) shall be valued m terms of current market value as of the last day of each fiseal year Unless otherwise set forth hereto, all interest and raceme derived from such deposits and investments immediately shall be credtted to, and any losses debited to, the Fund from which the deposit or ~nvestment was made, and surpluses in any Fund shall or may be d~sposed of as hereinafter provided Such investments shall be sold promptly when necessary to prevent any default m connection with the Parity Bonds or Additional Bonds consistent w~th the ordinances, respectively, authorizing their issuance 19 Section 17 FUNDS SECURED That money m all Funds created by tins Ordinance, to the extent not invested, shall be secured m the manner prescribed by law Se~aon 18 PRIORITY OF DEPOSITS AND PAYMENTS FROM SYSTEM FUND Thatthe C~ty shall make the deposits and payments from Pledged Revenues m the System Fund when and as reqmred by tins Ordinance and any ordinance anthonzmg any Adchtmnal Bonds, and such deposits shall be made m the following manner and vath the following ~rrevocable priorities, respcet~vely F~rst, to the Interest and Stoking Fund, when and in the amounts reqmred by this Ordinance and any ordinance anthonzmg any Add~tmnal Bonds, Second, to the Reserve Fund, when and m the amounts required by tins Ordinance and any ordinance authorizing any Addmonal Bonds, and Tbard, to the Extension and Improvement Fund, when and as required by Section 21 of this Ordinance Sectaon 19 INTEREST AND SINKING FUND REQUIREMENTS The Cny shall cause to be deposited to the credit of the Interest and Stoking Fund the accrued mterest and any prenuum received from the sale of the Imtaal Bond, and on or before the 25th day of each month, the C~ty shall cause to be deposited to the credit of the Interest and Stoking Fund, m approxmmtely equal monthly payments, amounts sufficient, together w~th any other funds on hand thereto, to pay all of the interest or pnnc~pal and ~nterest coming due, including the pnnc~pal amount of any Panty Bonds reqmred to be redeemed prior to maturity pursuant to any mandatory redemption requirements, on the Panty Bonds and any Adchtional Bonds on the next succeeding interest payment date Any moneys so dspos~ted m the Interest and Sm!ong Fund with respect to a mandatory redemptmn requirement, together vath other lawfully available funds of the City, may be used by the City, to purchase, m advance ora mandatory redemption date and at a price not exceedmg the pnnc~pal amount thereof plus accrued interest thereon to the date of purchase, Parity Bonds winch would be subject to being chosen for mandatory redemptmn on such mandatory redemption date The Paying Agent shall cancel any Panty Bonds so purchased Section 20 RESERVE FUND REQUIREMENTS There ~s now on hand in the Reserve Fund an amount of money and Government Obhgat~ons winch ~s m excess of $3,000,000 and which is at least equal to the average annual principal and interest reqmrements of the outstandxng Series 1992 Bonds, the Series 1993 Bonds, the Series 1993-A Bonds, the Taxable Series 1993-B Bonds, the Series 1996 Bonds, the Series 1996A Bonds, the Series 1998 Bonds, the Series 1998A Bonds, the Series 2000A Bonds and the Series 2000B Bonds (the current "Required Reserve Amount") Following the Issuance and dehvery of the Imtlal Bonds the Reqmred Reserve Amount shall become and be an amount of money and investments equal to the average annual prmcxpal and interest reqmrements of all the outstanding Panty Bonds and Addmonal Bonds, prowded further, however, that the Reqmred Reserve Amount shall never be less than $3,000,000 if the maxunum annual pnncxpal and ~nterest requirements on all outstanding Panty Bonds and Additional Bonds exceeds $3,000,000 Immediately after the issuance and delivery of the Initial Bonds there shall be deposited to the credit of the Reserve Fund, from the proceeds of the sale of the Inmal Series 2001 Bond, money sufficient to cause the Reserve Fund to contain an aggregate amount of money and investments equal to the Required Reserve Amount for all then ontstanding Panty Bonds At~er the dehvery of any future Adchtional Bonds the City shall cause the Reserve Fund to be increased, if and to the extent necessary, so that such Fund will contain an amount of money and investments equal to the Required Reserve Amount Any increase in the Reqmred Reserve Amount may be funded from Pledged Revenues, or from proceeds from the sale of any Additional Bonds, or any other available source or combination of sources All or any part of the Reqmred Reserve 20 Amount not funded mataally and munedlately after the delivery of any installment or issue of Additional Bonds shall be funded, wathm not more than five years from the date of such delivery, by deposits of Pledged Reveunes m approyamately equal monthly installments on or before the 25th day of each month Pnncxpal amounts of the Panty Bonds and any Add~taonal Bonds which must be redeemed pursuant to any applicable mandatory redemption requxrements shall be deemed to be matunng amounts of pnnclpal for the purpose of calculating prmcxpal and interest reqmrements on such bonds When and so long as the amount ~n the Reserve Fund is not less than the Reqmred Reserve Amount no deposxts shall be made to the credit of the Reserve Fund, but when and ffthe Reserve Fund at any tune contains less than the Required Reserve Amount, then the City shall transfer from Pledged Revenues m the System Fund, and deposit to the credit of the Reserve Fund, monthly on or before the 25th day of each month, a sum equal to 1/60th of the Required Reserve Amount, untd the Reserve Fund is restored to the Requxred Reserve Amount The Cxty specifically covenants that when and so long as the Reserve Fund contains the Required Reserve Amount, the City shall cause all amounts in excess of the Reqmred Reserve Amount to be deposited to the credit of the Interest and Sinking Fund Sectmn 21 EXTENSION AND IMPROVEMENT FUND REQUIREMENTS Dunng each year, subject and subordinate to making the reqmred deposxts to the credit of the Interest and Sinking Fund and the Reserve Fund, the C~ty shall be required to deposit to the credit of the Extension and Improvement Fund, from Pledged Revenues m the System Fund, an amount equal to 8% of the "Adjusted Gross Revenues of the System", which term xs hereby defined to mean the following the Gross Revenues of the System for such year aider deducting from such Gross Revenues an amount equal to the current expenses of operation and maintenance of the System for such year which are directly attributable to (l) all fuel costs related to the production of electric energy by the City and/or (~l) the purchase of electric energy by the C~ty Additional excess Pledged Revenues may, at the option of the City Council, be deposited to the credit of the Improvement Fund as penmtted by Section 22 (b) hereof, but no such additional deposit is reqmred All investment interest income from the Extension and Improvement Fund shall be retained xn and remain a part of such Fund Section 22 DEFICIENCIES, EXCESS PLEDGED REVENUES (a) If on any occaslonthere shall not be sufficient Pledged Revenues to make the required deposxts xnto the Interest and Slnlang Fund or the Reserve Fund, such deficiency shall be made up as soon as possthle from the next available Pledged Revenues (b) Subject to making the required deposits to the credit of the various Funds when and as required by this Ordinance or any ordinance authorizing the issuance of Additional Bonds, any surplus Pledged Revenues may be used by the City for any lawful purpose Sectmn 23 PAYMENT OF PARITY BONDS AND ADDITIONAL BONDS On or before December 1, 2001, and senuannually on or before each June 1 and December 1 therea~er whale any of the Panty Bonds or Adchttonal Bonds are outstanchng and unpaid the City shall make available to the Paying Agents therefor, out of the Interest and Stoking Fund, or if necessary, out of the Reserve Fund, money sufficient to pay, on each of such dates, the principal of and interest on the Panty Bonds and Addmonal Bonds as the same matures and comes due, or to redeem the Panty Bonds or Additional Bonds prior to maturity, exther upon mandatory redemption or at the option of the City At the direction of the C~ty the Paying Agents shall e~ther deliver pa~d Panty Bonds and Additional Bonds, and any interest coupons appertmnlng thereto, to the City or destroy all paid Parity Bonds and Addltaonal Bonds, and any coupons appertaining thereto, and furnish the City with an appropriate cerafinate of cancellatxon or destrucUon 21 Section24 F1NALDEPOSITS (a) AnyPantyBondorAdd~taonalBondshallbedeemedtobepa~d, retared, and no longer outstanding w~flun the meamng of flus Ordinance when payment of the pnnc~pal of, redemption pren~um, if any, on such Panty Bond or Addmonal Bond, plus interest thereon to the due date thereof(whether such due date be by reason of maturity, upon redemption, or otherwise) e~ther (0 shall have been made or caused to be made m accordance with the terms thereof (including the g~wng of any required notice of redemption or prowslon for the proper giving of such not,ce having been made), or 00 shall have been prowded by irrevocably depositing with or making available to a Paying Agent therefor, tn trust and irrevocably set aside exclusively for such payment, (1) money sufficient to make such payment or (2) Government Obhgat~ons wtuch mature as to pnnclpal and interest m such amounts and at such Umes as will insure the availability, wathout remvestment, of sufficient money to make such payment, and all necessary and proper fees, compensation, and expenses of such Paying Agent pertaining to the Panty Bonds and Addmonal Bonds with respect to which such deposit ~s made shall have been pa~d or the payment thereof provided for to the satisfaction of such paymg agent At such tune as a Bond or Adchtlonal Bond shall be deemed to be pa~d hereunder, as aforesmd, ~t shall no longer be secured by or entitled to the benefits of flus Ordinance or a hen on and pledge of the Pledged Revenues, and shall be entitled to payment solely from such money or Govern- ment Obhgataons (b) Any moneys so deposited with a paymg agent may at the d~rect~on of the City also be invested in Government Obhgatlons, maturing m the amounts and tunes as hereinbefore set forth, and all ~ncome from all Government Obhgataons m the hands of the paying agent pursuant to flus Section which is not required for the payment of the Panty Bonds and Addat~onal Bonds, the redemption premmm, ~fany, and ~nterest thereon, wtth respect to wtuch such money has been so deposited, shall be tumed over to the C~ty or deposned as d~rected by the City Section 25 ADDITIONAL BONDS (a) The City shall have the right and power at any ttme and from t~me to tLme, and m one or more series or ~ssues, to authorize, ~ssue, and dehver adcht~onal panty revenue bonds (herein called "Adcht~onal Bonds"), m accordance w~th law, tn any amounts, for any lawful purpose, mcluchng the refunding of any Panty Bonds or Adflu~onal Bonds, or other obhgat~ons Such Adcht~onal Bonds, ff and when anthonzed, issued, and delivered m accordance w~th this Ordinance, shall be payable from and secured by an ~rrevoeable first hen on and pledge of the Pledged Revenues, equally and ratably on a panty m all respects vath the Panty Bonds and any other outstanchng Adchuonal Bonds (b) The principal of all Additional Bonds must be scheduled to be paid or mature on December 1 of the years m which such principal is schedaled to be prod or mature Seetton 26 FURTHER REQUIREMENTS FOR ADDITIONAL BONDS Additional Bonds shall be ~ssued only in accordance with this Orchnance, and no ~nstallment, Series, or issue of Addmonal Bonds shall be ~ssued or dehvered unless (a) The Mayor of the City and the City Secretary sign a written certificate to the effect that the C~ty ts not m default as to any covenant, cond~tion, or obhgat~on m connection w~th all then outstanding Panty Bonds and Addmonal Bonds, and the ordinances authorizing same, and that the Interest and Stoking Fund and the Reserve Fund each contains the amount then reqmred to be thereto (b) An independent certified pubhc accountant, or independent firm of certified pubhc accountants, acting by and through a certified public accountant, s~gns a written cemficate to the effect that, m l~s or ~ts opanon, dunng either the next preceding fiscal year, or any twelve consecuUve calendar month period out of the 18-month period Lmmed~ately preceding the month m wtuch the ordinance authorizing the ~ssuance of the then proposed Addmonal Bonds ~s passed, the Pledged Revenues were at least 0) 125 tunes an amount equal 22 to the average annual pnnclpal and interest reqmremcnts, and (n) 1 10 tunes an amount equal to the pnnctpal and interest reqmrements during the fiscal year during winch such reqmrements are scheduled to be the greatest, of all Panty Bonds and Addttional Bonds winch are scheduled to be outstanding after the delivery of the then proposed Adchtmnal Bonds It is spectfically prowded, however, that m calculating the amount of Pledged Revenues for the purposes of tins subsection (b), if there has been any increase m the rates or charges for services of the System winch ts then m effect, but winch was not in effect during all or any part of the entire period for winch the Pledged Revenues are being calculated (hereinafter referred to as the "entire period") then the certified pubh¢ accountant, or m heu of the certxficd pubhc accountant a firm of consulting engineers, shall determine and certtfy the amount of Pledged Revenues as being the total of (~) the actual Pledged Revenues for the entire period, plus (tx) a sum cqual to the aggregate amount by winch the actual bdlings to customers of the System during the en'are period would have been increased ~fsuch increased rates or charges had been tn effect during the entire period (c) Prowslon shall be made m the ordinance authonzmg thetr tssuance for increasing the Reserve Fund to the Required Reserve Amount as reqmred by Section 20 hereof (d) All calculataons of average annual principal and interest reqmrements of any bonds made tn eonnect~un w:th the tssuance of any then proposed Addmonal Bonds shall be made as of the date of such Addtuonal Bonds, and also m making calculattons for such purpose, and for any other purpose under this Ordinance, prmctpal amounts of any bonds which must be redeemed prior to maturity pursuant to any applicable mandatory redemptaon reqmrements shall be deemed to be maturing amounts of pnncipal of such bonds Sectaon 27 GENERAL COVENANTS The City further covenants and agrees that m accordance with and to thc cxtcnt rcqmrcd or pcnmttcd by law (a) Performancc It w~ll fmthfully pcfform at all mues any and all covenants, undertakings, stipulations, and prows~ons contained m tins Ordinance, and cach orchnance authorizing the ~ssuance of Addmonal Bonds, and m each and every Panty Bond and Addmonal Bond, that tt w:ll promptly pay or cause to be prod thc pnnctpal of and mtercst on cvery Panty Bond and Addtttonal Bond, on thc dates and m the places and manner prescribed m such ordmanccs and Panty Bonds or Add~ttonal Bonds, and that tt wall, at the times and tn the manner prescribed, deposit or cause to bc dcpostted the amounts required to be deposited ~nto the Interest and Stoking Fund and the Keserve Fund, and any holder of the Partty Bonds or Adchtional Bonds may reqmre thc City, tts officmls, and employees, to carry out, respect, or enforce the covenants and obhgat~ons of this Ordmancc, or any ordinance authorizing thc ~ssuance of Addtttonal Bonds, by all legal and cqmtable means, including spcc~fically, but w~thout hnutation, the use and filing of mandamus proccedmgs, tn any court of competent junschct~on, against thc C~ty, tts officials, and employees (b) City's Lc,,al Authority The City ~s a duly created and cxtstmg home rule ctty of the State of Texas, and ts duly anthor~zed undcr thc laws of the State of Texas to create and issue the Panty Bonds and Additional Bonds, that all action on its part for thc creation and issuance of the satd obhgations has been or w~ll be duly and effcctivcly taken, and that satd obhgatlons m the hands of the holders and owncrs thcreof are and w~ll bc valtd and enforceable spcctal obhgat~ons of the City m accordance w~th their terms (c) Tttle Thc C~ty has or will obtam lawful title to the lands, bmldtngs, structures, and fac~ltues constttutmg thc System, that tt warrants that it wll defend the t~tlc to all the aforesatd lands, bmldmgs, structures, and facdmcs, and every part thereof, for the benefit of the holders and owners of the Panty Bonds and Addxtional Bonds, agmnst thc clmms and demands of all persons whomsoever, that it :s lawfully qualified 23 to pledge the Pledged Revenues to the payment of the Panty Bonds and Adchuonal Bonds m the manner prescribed hereto, and has lawfully exemtsed such rights (d) L~ens The Ctty will from tune to tune and before the same become delinquent pay and chscharge all taxes, assessments, and governmental charges, if any, winch shall be lawfully tmposed upon ~t, or the System, that it will pay all lawful clmms for rents, royalttes, labor, materials, and supphes winch tf unpatd nught by law become a hen or charge thereon, the hen of winch would be prior to or interfere wtth the hens hereof, so that the priority of the hens granted hereunder shall be fully preserved in the manner provtded heretn, and that it will not create or suffer to be created any mechanic's, laborer's, materialman's, or other hen or charge winch mtght or oould be prior to the liens hereof, or do or suffer any matter or thing whereby the liens hereofnught or could be anpa~red, provided, however, that no such tax, assessment, or charge, and that no such clatms which maght be used as the basis ora mechamc's, laborer's, materialman's, or other hen or charge, shall be required to be pa~d so long as the vahd~ty of the same shall be contested in good faith by the Ctty (e) Ooeratlon of System. No Free Servtce Winle the Panty Bonds or any Addmonal Bonds are outstanflmg and unp~ud the C~ty shall continuously and efficiently operate the System, and shall maintain the System m good condmon, repamr, and working order, all at reasonable cost No free servace of the System shall be allowed, and should the City or any of tts agencies, mstmmentaht~es, lessors, or concesstonatres make use of the services and facilities of the System, payment monthly of the standard retail price of the servmes provided shall be made by the City or any of tts agencies, tnstrumentalmes, lessors, or concesstonatres out of funds from sources other than the revenues of the System, unless made from surplus Pledged Revenues as perrmtted by Sectaon 22(b) hereof (f) Further Encumbrance Winle the Panty Bonds or any Addmonal Bonds are outstanding and unpaid, the City shall not adchtlonally encumber the Pledged Revenues m any manner, except as penmttmt tn thts Ordinance in eoonect~on with Additaonal Bonds, unless smd encumbrance ts made jumor and subordtnate tn all respects to the liens, pledges, covenants, and agreements of tins Ordtnanee and any ordinance authonztng the issuance of Add~tmnal Bonds, but the right of the City to ~ssue revenue bonds payable from a subordtnate hen on surplus Pledged Revenues ~s specffically recogmzed and retained, as peruntted under Section 22(b) hereof (g) Sale or D~soosal of Property Winle the Panty Bonds or any Addmonal Bonds are outstandtng and unpaid, the City shall not sell, convey, mortgage, encumber, lease, or tn any manner transfer tatle to, or dedmate to other use, or otherwise d~spose of, the System, or any stgmficant or substantial part thereof, provided that whenever the City deems it necessary to dispose of any property, rnaehmery, fixtures, or eqmpment, or dedicate such property to other use, ~t may do so either when ~t has made arrangements to replace the same or provide substitutes therefor, or it is determined by resolutton of the Ctty Councd that no such replacement or substitute ~s necessary (h) Insurance (1) The City shall cause to be insured such parts of the System as would usually be insured by corporatmns operating bke properties, w~th a responsible insurance company or compames, agatnst risks, accidents, or casualties against which and to the extent tnsurance is usually carried by corporattons operating hke properties, including, to the extent reasonably obtainable, fire and extended coverage ~nsuranee, msurance against damage by floods, and use and occupancy insurance Pubhc habthty and property damage insurance also shall be carried unless the C~ty Attorney gives a written opanon to the effect that the City ts not hable for clatms winch would be protected by such insurance All insurance premiums shall be prod as an expense of operation of the System At any ttme winle any contractor engaged m construction work shall be fully responstble therefor, the City shall not be required to carry insurance on the work being constructed if the contractor ~s reqmred to carry appropriate ~nsurance All such pohcles shall be open to the mspectton of the 24 Bondholders and their representatives at all reasonable tunes Upon the happening of any loss or damage covered by insurance from one or more of said causes, the City shall make due proof of loss and shall do all things necessary or desirable to cause the insuring compames to make payment in full directly to the City The proceeds of insurance covering such property, together with any other funds necessary and available for such purpose, shall be used forthwth by the City for repmnng the property damaged or replacing the property destroyed, provided, however, that if smd msurance proceeds and other funds are lnsuffictent for such purpose, then smd insurance proceeds pertaining to the System shall be deposited in a special and separate trust fund, at an official depository of the City, to be designated tha Insurance Account The Insurance Account shall be held until such tune as other funds become avmlable which, together w~th the Insurance Account, will be sufficient to make the repmrs or replacements originally reqmred (2) The annual audit hereinafter required may contain a section commenting on whether or not the City has complied with the requirements of this Section w~th respect to the maintenance of insurance, and shall state whether or not all insurance prermums upon the insurance policies to wbach reference is made have been paid 0) Annual Budget and Rate Covenant The City shall prepare, prior to the beginning of each fiscal year, an annual budget, m accordance w~th law, reflecting an estunate of cash receipts and d~sbursements for the ensuing fiscal year m sui-~clent detail to mdieate the probable Gross Revenues and Pledged Revenues for such fiscal year The City shall fix, estabhsh, maintain, and collect, such rates, charges, and fees for the use and availability of'the System at all times as are necessary (1) to produce Gross Revenues sufficient, together with any other Pledged Revenues, to pay all current operation and maintenance expenses of the System, and (2) to produce an amount of Pledged Revenues during each fiscal year at least equal to the greater of 1 25 tames the average annual principal and interest requirements of all then outstandmg Parity Bonds and Addmonal Bonds or 1 25 times the succeeding fiscal year's principal and interest requirements of all then outstanding Panty Bonds and Additional Bonds Q) Records The City shall keep proper books of record and account in which full, true, proper, and correct entries wdl be made of all dealings, aet~wtles, and transactions relating to thc System, the Pledged Revenues, and the Funds created pursuant to this Orchnance, and all books, documents, and vouchers relating thereto shall at all reasonable times be made avmlable for inspection upon request of any Bondholder or citizen of the City To the extent consistent with the provisions of this Ordinance, the City shall keep ~ts books and records in a manner confurnung to standard accounting practices as usually would be followed by private corporations owning and operating a similar System, with appropriate recognition being given to essential differences between municipal and corporate accounting practices (k) Audits After the close of each fiscal year while any of the Panty Bonds or any Additional Bonds are outstanding, an audit will be made of the books and accounts relating to the System and the Pledged Revenues by an independent certafied pubhc accountant or an independent firm of certified pubhc accountants As soon as practicable after the close of each such year, and when smd audit has been completed and made available to the City, a copy of such audit for the precedtng year shall be mailed to the Mumcipal Advisory Council of Texas, to each paying agent for any bonds payable fi'om Pledged Revenues, and to any Bondholders who shall so request in writing The annual audit reports shall be open to the lnspeet~on of the Bondholders and their agents and representatives at all reasonable times (1) Governmental A~encies It wdl comply with all of the terms and conditions of any and all francluses, pernuts, and authorizations applicable to or necessary w~th respect to the System, and wluch have been obtained from any governmental agency, and the City has or will obtain and keep m full force and effect all francbases, permits, authorization, and other requirements applicable to or necessary vath respect to the acquisition, construction, equipment, operation, and maintenance of the System 25 (m) No Comuetatton It wall not operate, or grant any francbase or, to the extent ~t legally may, perunt the aeqms:taon, construeUon, or operataon of, any facilities which would be m competttaon wtth the System, and to the extent that ~t legally may, the City will probablt any such competing faelhtaes (n) No Arbltraee The C,ty covenants to and with the purchasers of the Panty Bonds and any Addttaonal Bonds that no use will be made of the proceeds of any of such bonds at any tame throughout the term of any of such bonds wbach, if such use had been reasonably expected on the date of dehvery of any of such bonds to and payment therefor by the purchasers, would have caused any of such bonds to be arbttrage bonds w~thm the meamng of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"), or any regulataons or rulings pertammg thereto, and by this covenant the Ctty ts obhgated to comply wtth the reqmrements of the aforesmd Code and all applicable and pertinent Department of the Treasury regulattons relating to arbttrage bonds The C~ty further covenants that the proceeds of all such bonds will not otherv~se be used dtrecfly or indirectly so as to cause all or any part of such bonds to be or become arbttrage bonds wtth~n the meaning of the aforesmd Code, or any regulattons pertatmng thereto Seetaon 28 AMENDMENT OF ORDINANCE (a) The holders or owners of Panty Bonds and Addttaonal Bonds aggregating m principal amount 51% of the aggregate prmctpal amount of then outstanding Panty Bonds and Add~taonal Bonds shall have the right from tame to tune to approve any amendment to thts Ordinance wtuch may be deemed necessary or desirable by the City, provtded, however, that nothing herein contained shall permit or be construed to perm:t the amendment of the terms and condmons tn tbs Ordinance or m the Panty Bonds or Addataonal Bonds so as to (1) Make any change m the maturity of the outstanding Panty Bonds or Addttaonal Bonds, (2) Reduce the rate of interest borne by any of the outstanding Panty Bonds or Addltaonal Bonds, (3) Reduce the amount of the principal payable on the outstanding Parity Bonds or Addttlonal Bonds, (4) Mo(hf-y the terms of payment of prmetpal of or mterest on the outstanchng Panty Bonds or Add~taonal Bonds, or tmpose any eond:taons w~th respect to such payment, (5) Affect the rights of the holders or owners of less than all of the Panty Bonds and AddtUonal Bonds then outstandmg, (6) Change the mmtmum percentage of the principal amount of Parity Bonds and Addttaonal Bonds necessary for consent to such amendment (b) If at any tune the City shall desire to amend the Ordinance under thts Section, the City shall cause notice of the proposed amendment to be pubbshed tn a financml pubheataon of general ctrculataon m The City of New York, New York, once during each calendar week for at least two successive calendar weeks Such notice shall briefly set forth the nature of the proposed amendment and shall state that a copy thereof ts on file at the prm¢lpal oi:fiee of the Paying Agents for mspectton by all holders or owners of Panty Bonds and Addl- taonal Bonds Sueh publtcntton ls not requlred, however, lf notace ~n wntang ls gtven to eaeh holder or owner of Panty Bonds and Add~taonal Bonds (e) Whenever at any tune not less than thirty days, and within one year, from the date of the first publication of satd notac~ or other servtce of written notace the City shall receive an tnstrument or instruments executed by the holders or owners of at least 51% m aggregate principal amount of all Panty Bonds and 26 Additional Bonds then outstanding, wluch instrument or instruments shall refer to the proposed amendment described m smd notice and winch specifically consent to and approve such amendment m substantially the form of the copy thereof on file with the Paying Agents, the City Council may pass the amendatory ordinance m substantially the same form (d) Upon the passage of any amendatory ordinance pursuant to the provisions of this Section, this Ordinance shall be deemed to be amended m accordance with such amendatory ordinance, and the respective rights, duties, and obligations under tbas Ordinance of the City, and all the holders or owners of then out- standing Panty Bonds and Additional Bonds and all future Panty Bonds and Adchtlonal Bonds shall thereafter be determined, exercised, and enforced hereunder, subject m all respects to such amendments (e) Any consent g~ven by the holder or owner of a Parity Bond or Additional Bond pursuant to the provisions of tYas Section shall be irrevocable for a period of slx months from the date of the first publication of the notice provided for m t.has Section, and shall be conclusive and binding upon all future holders or owners of the same Panty Bond or Additional Bond during such period Such consent may be revoked at any time after s~x months from the date of the first pubhcatton of such notice by the holder or owner who gave such consent, or by a successor ~n t~tle, by filing notice thereof with the paymg agents and the City, but such revoca- tion shall not be effective ffthe holders or owners of 51% m aggregate pnnclpal amount of the then outstanding Panty Bonds and Addtuonal Bonds as m flus Section defined have, prior to the attempted revocation, consented to, and approved the amendment (f) For the purpose of this Section, the fact of the holding of Panty Bonds or Additional Bonds which are m bearer, coupon form, by any bondholder and the amount and numbers of such bearer Panty Bonds or Add~tional Bonds and the date of their holding same, may be proved by the affidavit of the person claiming to be such holder or owner, or by a cettlfleate execute3 by any trust company, bank, banker, or any other depository wherever situated showing that at the date therem mentioned such person had on deposit w~th such trust company, bank, banker, or other depository, the Parity Bonds and Additional Bonds described m such cettlficate The C~ty may conclusively assume that such ownership conUnues until written notice to the contrary ~s served upon the C~ty The ownership of all registered Parity Bonds and Additional Bonds shall be determined from the registration books kept by the registrar therefor Section 29 DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED BONDS (a) Renlacement Bonds In the event any outstandmg Bond ~s damaged, mutilated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be prmted, executed, and dehvered, a new bond of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Bond, in replacement for such Bond m the manner heremafter prowded (b) Anohcatlon for Replacement Bonds Application for replacement of damaged, mutilated, lost, stolen, or destroyed Bonds shall be made by the registered owner thereof to the Paying Agent/Registrar In every case of loss, theft, or destruction ora Bond, the registered owner applying for a replacement bond shall furnish to the Issuer and to the Paying Agent/Registrar such security or lndemmty as may be required by them to save each ofthem harmless from any loss or damage with respect thereto Also, m every case of loss, theft, or destrnetlon of a Bond, the registered owner shall furnish to the Issuer and to the Paying Agent/Registrar evidence to their sat~sfaetlon of the loss, theft, or destruction of such Bond, as the case may be In every case of damage or mutilation of a Bond, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Bond so damaged or mutilated (c) No Default Occurred Notwithstanding the foregoing provisions ofth~s Sectmn, in the event any such Bond shall have matured, and no default has occurred which is then continuing in the payment of the 27 pnnclpal of, redemption premium, if any, or interest on the Bond, the Issuer may authorize the payment of the same (without surrender thereof except m the case of a damaged or mutilated Bond) mstead of issuing a replacement Bond, provided security or mdemmty is furnished as above provided in this Section (d) Charee for Issumiz Renlacement Bonds Prior to the issuance of any replacement bond, the Paying Agent/Registrar shall charge the registered owner of such Bond w~th all legal, printing, and other expenses in connection therewith Every replacement bond issued pursuant to the prows~ons of flus Scetion by wrme of the fact that any Bond is lost, stolen, or destroyed shall constitute a contractual obhgat~on of the Issuer whether or not the lost, stolen, or destroyed Bond shall be found at any t~me, or be enforceable by anyone, and shall be entitled to all the benefits of flus Ordinance equally and proportionately w~th any and all other Bonds duly issued under this Ordmance (e) Authority for Issum~ Renla~ement Bonds In accordance with Section 6 of Chapter 120 l, Texas Government Code, this Section of flus Ordmance shall constitute authority for the ~ssuance of any such replacement bond WlthOnt necessity of further action by the governmg body of the Issuer or any other body or person, and the duty of the replacement of such bonds is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Bonds in the form and manner and with the effect, as prowded m Section 6(d) of flus Ordinance for Bonds ~ssued in conversion and exchange for other Bonds Sectmn 30 COVENANTS REGARDING TAX-EXEMPTION OF INTEREST ON THE BONDS (a) Covenp~nts The Issuer covenants to take any action necessary to assure, or refrain from any action which would adversely affect, the treatment of the Bonds as obligations described in section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), the interest on which is not includable in the "gross income" ofthe holder for purposes of federal mcome taxation In furtherance thereof, the Issuer covenants as follows (1) to take any action to assure that no more than 10 percent of the proceeds of the Bonds or the projects financed therewith (less amounts deposited to a reserve fund, if any) are used for any "private busmess use," as defined m section 141(b)(6) of the Code or, If more than l0 percent of the proceeds or the projects financed therewith are so used, such amounts, whether or not received by the Issuer, with respect to such private business use, do not, under the terms of this Order or any underlymg arrangement, directly or indirectly, secure or provide for the payment of more than l0 percent of the debt service on the Bonds, m contravention of section 141 (b)(2) of the Code, (2) to hake any action to assure that in the event that the "private business use" described in subsection (1) hereof exceeds 5 percent of the proceeds of the Bonds or the projects financed therewith (less amounts deposited mto a reserve fund, If any) then the amount in excess of 5 percent is used for a "private business use" which is "related" and not "disproportionate," withm the meanmg of section 141(b)(3) of the Code, to the governmental use, (3) to take any action to assure that no amount which is greater than the lesser of $$,000,000, or ~ percent of the proceeds of the Bonds (less amounts deposited mto a reserve fund, if any) is directly or mdlrecfly used to fmance loans to persons, other than sate or local governmenal umts, m contravention of section 14 l(c) of the Code, (4) to refram from taking any action which would otherwise result in the Bonds being treated as "private activity bonds" within the meanmg of section 141(b) of the Code, 28 (5) to refrain from taking any action that would result m the Bonds being "federally guaranteed" wathm the meaning of section 149(b) of the Code, (6) to refrain from using any pomon of the proceeds of the Bonds, directly or mchrecfly, to aeqmre or to replace funds whmh were used, d~reetly or mdlrectly, to acquire mvesUnent property (as defined m sentaon 148(b)(2) of the Code) wbaeh produces a materially bagher yield over the term of the Bonds, other than investment property aeqmred w~th -- (A) proceeds of the Bonds invested for a reasonable temporary penod of 3 years or less or, m the case of a refunding bond, for a period of 30 days or less until such proceeds are needed for the purpose for which the bonds are issued, (B) amounts mvested m a bona fide debt service fund, within the meaning of seetmn 1 148-1(b) of the Treasury Regulations, and (C) amounts deposited ~n any reasonably required reserve or replacement fund to the extent such amounts do not exceed l0 percent of the proceeds of the Bonds, (7) to otherwtse restrict the use of the proceeds of the Bonds or amounts treated as proceeds of the Bonds, as may be necessary, so that the Bonds do not otherwise contravene the requirements of sectmn 148 of the Code (relating to arbitrage) and, to the extent appheable, section 149(d) of the Code (relating to advance refundings), and (8) to pay to the Umted States of America at least once during each five-year period (begmmng on the date of delivery of the Bonds) an amount that ~s at least equal to 90 percent of the "Excess Earnings," w~tban the meanmg of section 148(0 of the Code and to pay to the Umted States of America, not later than 60 days after the Bonds have been prod in full, 100 percent of the amount then reqmred to be prod as a result of Excess Earnings under section 148(f) of the Code (b) Rebate Fund In order to facilitate comphance with the above covenant (a) (8), a 'Rebate Fund' is hereby estabhshed by the Issuer for the sole benefit of the Umted States of Amenea, and such fund shall not be subject to the claun of any other person, ~ncludlng vathout hmltatlon the bondholders The Rebate Fund is estabhshed for the addmonal purpose of compliance with section 148 of the Code (e) Proceeds The Issuer understands that the term "proceeds" includes 'd~sposltlOn proceeds" as defined in the Treasury Regulatmns and, m the ease of refunding bonds, transferred proceeds (if any) and proceeds ofthe refunded bonds expended prior to the date oflssuance ofthe Bonds It ~s the understanding of the Issuer that the covenants contained hereto are intended to assure comphance with the Code and any regulatmns or rulmgs promulgated by the U S Department ofthe Treasury pursuant thereto In the event that regulatmns or rulings are hereafter promulgated which modify or expand provisions of the Code, as appheable to the Bonds, the Issuer will not be reqmred to comply w~th any covenant contained hereto to the extent that such fudure to comply, in the opmaon of nationally recogmzed bond counsel, will not adversely affect the exemptlonfrom federal lncome taxataon of mterest on the Bondsunder section 103 ofthe Code Intheevent that regulations or rulings are hereafter promulgated which ~mpose additional reqmrements whmh are appheable to the Bonds, the Issuer agrees to comply wath the addmonal reqmrements to the extent necessary, in the opinion of nationally recognized bond counsel, to preserve the exemption from federal raceme taxation of interest on the Bonds under section 103 of the Code In furtherance of such retention, the Issuer hereby authorizes and directs the Mayor to execute any documents, certificates or reports required by the Code and 29 to make such electaoas, on behalf of the Issuer, wlueh may be pernutted by the Code as are consistent vath the purpose for the ~ssuanee of the Bonds (d) Allocation Of. and Limitation On. Exnenditures for the Pro~ect The Issuer covenants to account for the expenditure of sale proceeds and investment earnings to be used for the purposes described ~n Section 1 of this Order (the "Project") on its books and records m accordance w~th the reqmrements of the Code The Issuer recogmzes that in order for the proceeds to be considered used for the rexmbursement of costs, the proceeds must be allocated to expenditures wathm 18 months of the later of the date that (1) the expenditure is made, or (2) the Project is completed, but m no event later than three years after the date on wluch the original expenditure is pa~d The foregnmg notwathstandmg, the Issuer recogmzes that ~n order for proceeds to be expended under the Code, the sale proceeds or investment earnings must be expended no more than 60 days after the earlier of (1) the fifth anmversa~ of the dehvery of the Bonds, or (2) the date the Bonds are retired The Issuer agrees to obtain the advice of natmnally-recogmzed bond counsel ~f such expenchture fails to comply with the foregoing to assure that such expenchture wall not adversely affect the mx-exempt status ofthe Bonds For purposes hereof, the Issuer shall not be obhgated to comply wath tins covenant ff ~t obtains an opinion that such failure to comply wall not adversely affect the excludability for federal income tax purposes from gross income of the interest (e) Dlsnosltlon of Pro, eot The Issuer covenants that the property constituting the Project will not be sold or otherwise disposed m a transactmn resulting m the receapt by the Issuer of cash or other compensation, unless the Issuer obtains an oplmon of nataonally-recogmzed bond counsel that such sale or other d~sposltmn wall not adversely affect the tax-exempt status of the Bonds For purposes ofthe foregoing, the port~on of the property comprising personal property and d~sposed m the ordinary course shall not be treated as a transaction resulting in the receipt of cash or other compensation For purposes hereof, the Issuer shall not be obhgated to comply wath tins covenant flit obtains an opuuon that such failure to comply vail not adversely affect the excludability for federal income tax purposes from gross income of the mterest Section 31 CUSTODY, APPROVAL, AND REGISTRATION OF BONDS, BOND COUNSEL'S OPINION, CUSIP NUMBERS, PREAMBLE, AND INSURANCE The Mayor of the Issuer ~s hereby authorized to have control of the Initial Bond Issued hereunder and all necessary records and proceedings pertaining to the Initial Bond pending its delivery and its investigation, examination, and approval by the Attor- ney General of the State of Texas, and its registration by the Comptroller of Pubhc Accounts of the State of Texas Upon registration of the Initial Bond said Comptroller of Pubhc Accounts (or a deputy designated m writing to act for sa~d Comptroller) shall manually s~gn the Comptroller's Registration Certificate on such Imtlal Bond, and the seal of said Comptroller shall be mapressed, or placed m facsmafle, on such Imtlal Bond The approving legal opuuon of the Issuer's Bond Counsel and the assigned CUSIP numbers may, at the option of the Issuer, be primed on the Imtial Bond or on any Bonds ~ssued and delivered m conversion of and exchange or replacement of any Bond, but neither shall have any legal effect, and shall be solely for the convenience and reformation ofthe registered owners ofthe Bonds The preamble to this Ordinance ~s hereby adopted and made a part hereof for all purposes If msurance ~s obtained on any ofthe Bonds, the respective Inmal Bond and all other Bonds shall bear an appropriate legend coneemmg insurance as prowded by the insurer Section 32 SALE OF INITIAL BONDS, BOND INSURANCE The Imtml Bonds are hereby sold and shall ,be delivered to DAIN RAUSCHER INCORPORATED, in accordance w~th the Bond Purchase Agreement dated the date of tins meeting and presented to the C~ty Council of the City at th~s meeting The Mayor of the Issuer is authorized and directed to execute, on behalf of the Issuer, smd Bond Purchase Agreement m the form and substance submitted at this meeting The Bonds shall be msured by (the "Insurer") and shall, to the extent not m confl~ct with flus Ordinance, be subject to the insurance commxtment from the Insurer to the Issuer 3O Seot~on 33 OFFICIAL STATEMENT An Official Statement dated as of the date of flus meeting has been prepared m connection with the sale of the Imtml Bonds and the Bonds, m the form and substance subrmtted at tins meeting Smd Official Statement and any supplement or addenda thereto have been and are hereby approved, and their use m the offer and sale of the Bonds ~s hereby approved It is further officmlly found, determined, and declared that the statements and representations contained m said Official Statement are true and correct m all material respects, to the best knowledge and behef of the Issuer The d~stnbut~on and use of the Prelmunary Official Statement dated April ._, 2001, prior to the date herenf ~s hereby ratified and approved Section 34 REFUNDING OF REFUNDED BONDS That concurrently with the dehvery of the Imt~al Bonds the Issuer shall deposit an amount from the proceeds from the sale of the Imtml Bonds with The Bank of New York, as Escrow Agent, sufficient, together with other available amounts, to refund all of the Refunded Bonds m accordance w~th Chapter 1207, Texas Oovemment Code, as amended The Issuer hereby authorizes the execution of the Escrow Agr~ment dated as of Apnl 15,2001 between the Escrow Agent and the Issuer The Mayor ortho Issuer ~s anthonzed and d~rected to execute, on behalfofthe Issuer, sa~d Escrow Agreement m the form and substance presented to tins meeting It is hereby found and determined that the refund~ng~ of the Refunded Bonds is adwsable and necessary m order to restructure the debt serx~ce requirements and procedures of the Issuer, and that the debt service reqmrements on the Bonds will be less than those on the Refunded Bonds, resulting m a reduction in the amount of pnnclpal and interest which othervase would be payable both on an actual and a present value bas~s being an actual gross debt service sawngs of approramataly $ , and a present value debt service sawngs of approxunately $ Section 35 REDEMPTION OF REFUNDED BONDS There ~s attached hereto as Exhibit A and made a part hereof for all purposes a notxce ofredempt~on for the Refunded Bonds, wbach Refunded Bonds are hereby called for redemptmn, and shall be redeemed, prior to their scheduled maturities, on the date, at the place, and at the price, sot forth therein, the Issuer shall cause the appropriate noUces of such redemption to be g~ven m accordance vath the requirements of the respective proceedings authorizing the ~ssuance of such Refunded Bonds, and due prows~on shall be made by the Issuer m accordance w~th law for the payment of the redemption price of smd bonds by the place of payment (paying agent) for such Refunded Bonds Seot~on36 DTCREOISTRATION The Bonds untaally shall be ~ssued and dehvered m such manner that no physical d~str~but~on of the Bonds will be made to the pubhc, and The Depository Trust Company ("DTC"), New York, New York, untially will act as depository for the Bonds DTC has representexi that it is a limited purpose trust company incorporated under the laws of the State of New York, a member of the Federal Reserve System, a "clearing corporation" w~thm the meamng of the New York Uniform Commercial Code, and a "clearing agency" registered under Section 17A of the federal Securities Exchange Act of 1934, as amended, and the Issuer accepts, but m no way verifies, such representations The Imtml Bond anthonzed by this Ordinance shall be delivered to and registered m the name of the Purchaser However, ~t is a cond~tion ofdehvery and sale that the Purchaser, munedlately after such dehvery, shall cause the Paying Agent/Registrar, as prowded for m flus Ordinance, to cancel smd Imtml Bond and dehver m exchange therefor a substitute Bond for each maturity of such Imt~al Bond, w~th each such substitute Bond to be registered m the name of CEDE & CO, the nominee of DTC, and it shall be the duty of the Paying Agent/Registrar to take such actmn It is expected that DTC will hold the Bonds on behalf of the Purchaser and/or the DTC Participants, as defined and described m the Official Statement referred to and approved in Seot~on 33 hereof (the "DTC Participants") So long as each Bond is registered in the name of CEDE & CO, the Paying Agent/Registrar shall treat and deal with DTC m all respects the same as if it were the actual and beneficial owner thereof It ~s expected that DTC vall maintain a book entry system which will ~dent~fy beneficial ownerslup of the Bonds by DTC Partici- pants in integral amounts of $5,000, vath transfers of ownership being effected on the records of DTC and the 31 DTC Participants pursuant to rules and regulaUons established by them, and that the subsutut¢ Bonds lmUally deposited wth DTC shall be unmobthzed and not be further exchanged for substitute Bonds except as heremaf- ter provided The Issuer is not responsible or liable for any functions of DTC, will not be responsible for paying a~y fees or charges w~th respect to its serwccs, wll not be responsible or liable for maintaanng, superwsing, or reviewing the records of DTC or the DTC Partic~pants, or protecting any interests or rights of the beneficial owners ofthe Bonds It shall be the duty ofthe Purchaser and the DTC Participants to make all arrangements w~th DTC to establish flus book-~ntry system, the beneficial ownership of the Bonds, and the method ofpaymg the fees and charges of DTC The Issuer does not represent, nor does it m any way covenant that the ~mtial book-entry systc~m established with DTC will be maintained In the future The Issuer reserves the right and option at any t~ne m the future, m its sole d~scretion, to terminate the DTC (CEDE & CO ) book- entry bnly registration requirement dascnbed above, and to pen'mt the Bonds to be registered m the name of any owner Ifthe Issuer exercises Its right and opUon to ternunate such reqmrement, it shall g~ve written notice of such termination to the Paying Agent/Registrar and to DTC, and thereafter the Paying Agent/Registrar shall, upon presentation and proper request, register any Bond m any name as provided for m flus Ordinance Notwithstanding the uutlal establishment of the foregoing book-entry system w~th DTC, if for any reason any of the originally delivered substitute Bonds is duly filed w~th the Paymg Agent/Registrar w~th proper request for transfer and subsUtutlon, as prowded for m flus Ordinance, substitute Bonds will be duly delivered as provided m flus Ordinance, and there will be no assurance or representation Chat any book-~ntry system will be maintained for such Bonds Section 37 COMPLIANCE WITH RULE 15c2-12 (a) Annual Renorts (0 The Issuer shall provide annually to each NRMSIR and any SID, wthm slx months after the end of each fiscal year ending m or after 1998, financial mformatmn and operaung data w~th respect to the Issuer of the general type included ~n the final Official Statement authorized by Section 33 oftlus Ordinance, being the ~nformation described m Exhibit B hereto, wluch Exlublt is aRanhed to and mcorporated m th~s Ordinance as if written word for word hereto Any financial statements so to be provided shall be (1) prepared m accordance with the accounting pnnciples described m Exhibit B hereto, or such other accounting pnnclples as the Issuer may be rcqmred to employ from tune to time pursuant to state law or regulation, and (2) audited, ~fthe Issuer conumss~ons an andlt of sfieh statements and the audit is completed w~thm thc period during which they must be provided If the aucht of such financial statements is not complete votlun such period, then the Issuer shall provide unaudited financial statements by the required tune and wll provide audited financial statements for the applicable fiscal year to each NRMSIR and any SID, when and if the audit report on such statements become available (~0 If the Issuer changes its fiscal year, ~t will notify each NRMSIR and any SID of the change (and of the date of the new fiscal year end) prior to the next date by which the Issuer otherwise would be reqmred to provide,financial reformation and operating data pursuant to flus Section The financial mformat~on and operating data to be provided pursuant to this Section may be set forth In full m one or more documents or may be included by specific reference to any document 0ncludmg an official statement or other offenng document, if It Is available from the MSRB) that theretofore has been provided to each NRMSIR and any SID or filed wth the SEC (b) Material Event Not, ecs The Issuer shall not~fy any SID and either each NRMSIR or the MSRB, ~n a timely manner, of any of the fullowmg events with respect to the Bonds, if such event is material wtlun the meamng of the federal securities laws 1 Pnnclpal and interest payment dehnquenc~es, 2 Non-payment related defaults, 32 3 Unscheduled draws on debt serwce reserves reflecting financial difficulties, 4 Unscheduled draws on credit enhancements reflecting financial difficulties, 5 Substitution of credit or bqmd~ty providers, or their fadum to perform, 6 Adverse tax oplmons or events affecting the tax-exempt status of the Bonds, 7 Modffications to rights of holders of the Bonds, 8 Bond calls, 9 Dcfeasanccs, 10 Release, substatution, or sale of property securing repayment of the Bonds, and 11 Rating changes The Issuer shall notify any SID and either each NRMSIR or the MSRB, in a treacly manner, of any failure by the Issuer to provide financial information or operating data m accordance wath subsection (a) of flus Section by the time mqmred by such subsection (c) L,mitatlons. Disclaimers. and Amendments (i) The Issuer shall be obligated to observe and perform the covenants specified m tins Section for so long as, but only for so long as, the Issuer remains an "obhgated person" with respect to the Bonds within the meaning of the Rule, except that the Issuer in any event will give the notice required by Subsection (b) hereof of any Bond calls and defeasance that cause the Issuer to no longer be such an "obligated person" (n) The provis~ons of tfus Section are for the sole benefit of the registered owners and beneficial owners of the Bonds, and nothing m flus Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or clam hereunder to any other person The Issuer undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the Issuer's financial results, condition, or prospects or hereby undertake to update any reformation provided in accordance wath this Section or other~ase, except as expressly prowded here~n The Issuer does not make any representation or warranty concerning such mformat~on or its usefulness to a decision to invest m or sell Bonds at any future date (lu) UNDERNO CIRCUMSTANCES SHALL THE ISSUER, ITS OFFICERS OREMPLOYEES BE LIABLE TO THE REGISTERED OWNER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, 1N CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE (iv) No default by the Issuer in observing or performing ~ts obligations under this Section shall comprise a breach of or default under the Ordinance for purposes of any other provision of this Ordinance 33 Noflung m flus Section is Intended or shall act to dlsclmm, wmve, or otherwise hnut the duties of thc Issuer under federal and state securities laws (v) The provisions of this Section may be amended by the Issuer from time to t~me to adapt to changed circumstances that arise from a change m legal reqmrements, a change m law, or a change m the ~dent~ty, nature, status, or type of operations of the Issuer, but only fi(l) the prows~ons of flus Sectton, as so amended, would have pernutted an underwriter to purchase or sell Bonds tn the primary offenng of the Bonds m comphance vath the Rule, taking rote accoum any amendments or lnterpretatmns of the Rule since such offering as well as such changed circumstances and (2) c~ther (a) the registered owners of a majority m aggregate pnnclpal amoum (or any greater amount reqmred by any other provlsmn of th~s Ordinance that authorizes such an amendment) of the outstanding Bonds consent to such amendment or (b) a person that is unaffibat~i vath the Issuer (such as natmnally recograzed bond counsel) determined that such amendment call not materially impair the interest ofthe registered owners and beneficial owners of the Bonds Ifthe Issuer so amends the prowsions oftlus Section, it shall mclude vnth any amended financml mformatton or operating data next provided m accordance w~th subsectmn (a) of flus Sectaon an explanatmn, tn narrative form, of the reason for the amendment and of the unpact of any change m the type of financial ~nformatlon or operating data so provided The Issuer may also amend or repeal the prowslons of th~s continuing d~sclosure agreement ~f the SEC amends or repeals the applicable prowsmn of the Rule or a court of fmaljunsdmtmn enters judgment that such promsmns of the Rule are mvahd, but only ~fand to the extem that the prows~ons of flus sentence would not prevent an underwriter from lawfully purchasing or selhag Bonds m the primary offenng of the Bonds (d) Defimttens As used m tins Sectaon, the following terms have the meanings ascribed to such terms below "MSRB" means the Mumclpal Securities Rulemakmg Board "NRMSIR" means each person whom the SEC or ~ts staffhas detenmned to be a nattonally recogmzed mumctpal securities reformation repository w~th~n the meaning of the Rule from time to time "Rule" means SEC Rule 15c2-12, as amended from t~me to t~me "SEC" means the Umted States Securities and Exchange Commission "SID" means any person designated by the State of Texas or an authorized department, officer, or agency thereof as, and determined by the SEC or ~ts staff to be, a state mformanon deposltury w~thm the meanmg of the Rule from tune to tune Section 38 FURTHER PROCEDURES The Mayor of the Issuer, the Ctty Secretary of the Issuer, and all other officers, employees, and agents of the Issuer, and each of them, shall be and they are hereby expressly authorized, empowered, and d~rected from time to tune and at any tmme to do and perform all such acts and things and to execute, acknowledge, and debver ~n the name and under the corporate seal and on behalf of the Issuer all such instruments, whether or not hemm mentioned, as may be necessary or desirable m order to carry out the terms and provisions of flus Bond Ordinance, the Bonds, the sale of the Bonds, the Escrow Agreement and the Official Statemem, and the C~ty shall cause the expenses of~ssuance of the Bonds to be prod from the proceeds of sale of the Imtlal Bond or from other lawfully avmlable funds of the Issuer In case any officer whose s~gnature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such s~gnature shall nevertheless be vabd and suffictent for all purposes the same as ~fsuch officer had remmned m office until such debvery 34 Section 39 OPEN MEETINGS The C~ty Council has found and determined that the meeting at wbach this Ordinance as considered IS open to the public and that not~ce thereof was given m accordance w~th the prowsmns of the Texas Open Meetings, Law, Tex Gov't Code, Chapter 55 l, as amended Section40 EFFECTIVE DATE TlusOrdmanceshallbeeomeeffect~ve~mmed~atelyupon~tspassage and approval PASSED AND APPROVED this the day of April, 2001 Euhne Brock, Mayor ATTEST Jenmfer Walters, C~ty Secretary APPROVED AS TO LEGAL FORM Herbert L Prouty, City Attorney By 36 EXHIBIT B DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following mformat~on ~s referred to m Section 37 of tins Ordinance Annual Fananc~al Statements and Operating Data The financial ~nfonnat~on and operating data w~th respect to the Issuer to be prowded annually in accordance w~th such Section are as specified (and included m the Appendix or under the tables of the Officlal Statement referred to) below Tables numbered 1 through 14, mclus~ve, under the captions "The Utility System", "Debt Service Reqmrements" and "Financial Informauon" m the Official Statement Appendax B m the Official Statement Accounting Principles The accounting pnnc~ples referred to m such Section are the accountmg principles described m the notes to the financml statements referred to m the paragraph above NOTICE OF PRIOR REDEMPTION CITY OF DENTON (TEXAS) UTILITY SYSTEM REVENUE BONDS, SERIES 1993 NOTICE IS HEREBY GIVEN that the City of Denton, Texas has called for redemption the outstanding Bonds of the City described as follows CITY OF DENTON (TEXAS) UTILITY SYSTEM REVENUE BONDS, SERIES 1993, dated March 1, 1993, scheduled to mature on December 1, 2003 through December i, 2013, aggregating $3,630,000 (and being all of the outstanding bonds of said series scheduled to mature on and al%r December 1, 2003 to and including December 1, 2013) Call date December 1, 2002, redeemable at a redemption price of par plus accrued interest at the pnnclpal corporate offices of The Bank of New York, Jacksonville, Florida, only upon presentation by the registered owner If moneys sufficient for the payment of such redemption price are held by or on behalf of the respective paying agent, the described Bonds shall become due and payable on the redemption date specified, and the interest thereon shall cease to accrue from and after the redemption date In compliance w~th section 3406 of the Internal Revenue Code of 1986, payors making certain payments due on debt securities may be obligated to deduct and w~thhold 31 percent of such payment from the remittance to any payee who has fmled to provide such payor with a valid taxpayer identification number To avoid the imposmon of the w~thholdmg of tax, such payees should submit a taxpayer identification number when surrendering the bonds for redemption NOTICE IS FURTHER GIVEN that all Bonds should be submitted to the following address The Bank of New York Trust Company of Florida, N A 10161 Centurion Parkway Jacksonwlle, FL 32256 THE BANK OF NEW YORK TRUST COMPANY OF FLORIDA, NA NOTICE OF PRIOR REDEMPTION CITY OF DENTON (TEXAS) UTILITY SYSTEM REVENUE BONDS, SERIES 1996 CITY OF DENTON (TEXAS) UTILITY SYSTEM REVENUE REFUNDING BONDS, SERIES 1996-A NOTICE IS HEREBY GFVEN that the City of Denton, Texas has called for redemptmn the outstamhng Bonds of the City described as follows CITY OF DENTON (TEXAS) UTILITY SYSTEM REVENUE BONDS, SERIES 1996, dated May l, 1996, scheduled to mature on December l, 2007 through December l, 2016, aggregating $1,760,000 (and bemg all of the outstanding bonds of smd series scheduled to mature on and after December l, 2007 to and mcludmg December 1, 2016) Call date December 1, 2006, redeemable at a redemption price of par plus accrued interest at the principal corporate offices of The Chase Manhattan Bank, Houston, Texas, only upon presentation by the registered owner CITY OF DENTON (TEXAS) UTILITY SYSTEM REVENUE REFUNDING BONDS, SERIES 1996-A, dated May 1, 1996, scheduled to mature on December l, 2010 through December I, 2024, aggregating $27,275,000 (and bemg all of the outstanding bonds of said series scheduled to mature on and aiter December 1, 2010 to and including December 1, 2024) Call date December 1, 2006, redeemable at a redemption price of par plus accrued ~nterest at the principal corporate offices of The Chase Manhattan Bank, Houston, Texas, only upon presentation by the registered owner If moneys sufficient for the payment of such redemptmn price are held by or on behalf of the respective paying agent, the described Bonds shall become due and payable on the redemption date specified, and the interest thereon shall cease to accrue from and after the redemptaon date In comphance wroth section 3406 of the Internal Revenue Code of 1986, payors malang certmn payments due on debt securmes may be obligated to deduct and withhold 31 percent of such payment from the remittance to any payee who has faded to provade such payor ~th a vahd taxpayer identification number To avoid the ~mposmon of the w~thholdmg of tax, such payees should submit a taxpayer ~dent~ficat~on number when surrendenng the bonds for redemption NOTICE IS FURTHER GIVEN that all Bonds should be submated to the following address The Chase Manhattan Bank, Houston, Texas 600 Traws Street Suite 1150 Houston, Texas 77002 THE CHASE MANHATTAN BANK AGENDA INFORMATION SHEET AGENDA DATE: April 17,2001 DEPARTMENT: Planning Department CM/DCM/ACM. Dave Hill, 349-8314 ~ SUBJECT - V-01-0003 (Peterbilt l/arlance) Consider approval of an exaction variance from Section 34-124(d)1, drainage faciht~es, concerning proposed channel improvements, of the Subdivision and Land Development Regulations for a 100 acre property is generally located on northwest comer of Airport Road and Precision Drive The site is in a Light Industrial (LI) zoning &strict The combination of two lots into one lot is proposed The Planning and Zoning Commission recommends approval of the variance w~th conditions (6-0) (V-01-0003) BACKGROUND The applicant has requested an exaction variance, based on the timing of the Improvement construction (See Attachment 1) > The applicant is proposing to combine two lots into one lot The applicant proposes delaying the construction of the drmnage improvements until construction of the expansion > According to the Subdivision Regulations, a drainage improvements, such as the required channel, are reqmred as part of the final plat The City of Denton has limited legal authority to reqmre drainage improvements as part of a building permit, however the City of Denton has full authority to require drainage improvements as part of the platting process OPTIONS 1 Approve as submitted 2 Approve w~th cond~tmns 3 Deny 4 Postpone consideration 5 Table item RECOMMENDATION Staff recommended denial of the drainage variance as a conveyance plat would join the two pieces of property under Peterbllt's ownership, without reqmnng drainage improvements (See Attachment 1) At the P&Z meeting, staff offered another alternative to approve thc variance with the condition that a development plat be required prior to issuance of a building permit This alternative would allow the apphcant to combine the two parcels and at the same time ensure that the City would get the necessary improvements, prior to any new construction Thc Planmng land Zoning Commission recommends approval of the variance with the following conditions (6-0) 1 A Development Plat must be approved prior to issuance of a bmld~ng permit, and 2 The exaction variance approvals expire upon submittal of a bmld~ng permit ESTIMATED PROJECT SCHEDULE The subject property is not platted and would need to bc platted, prior to development A Preliminary Plat has been rewewed by the Development Rcmew Committee, but has not been approved by the Development Review Committee No Planning and Zoning Commission date has been tentatively set for the Prehm~nary Plat A Final Plan and a ProJect Plan must also be approved, prior to development No Final Plat or ProJect Plan has been submitted at this t~me PRIOR ACTION/REVIEW The following ~s a chronology of V-01-0003, commonly known as Peterbilt Addition Apphcatlon Date - April 17, 2000 DRC Date - April 27, 2000 P&Z Dates - March 14, 2001 and March 28, 2001 FISCAL INFORMATION Expansion of thru famhty could increase the assessed value of the mty, county, and school district It will require no short-term pubhc improvements that are the responsibility of the city Failure to exact drainage ~mprovements as part of the platting process could hm~t the City's ability to reqmre needed improvements, as requested by the apphcant ATTACHMENTS 1 Planning and Zomng Commission Report, March 28, 2001, V-01-0003 2 Planmng and Zoning Commission minutes from March 28, 2001 Respectfully submitted D~rector of Planning and Development Prepared by Beth Hudson Planner I .... WATER UTILITIES 901-ATexas S~t D~to~ ~ 76209 (940) 349-8452 F~ (940) 349-7334 DATE March 7, 2001 TO Members of Planmng and Zoning FROM Dale Hoeltlng, PE Senior Civil Engineer-Drainage ~~'~ SUBJECT Request for ~act~on Vanan~ - Lot 1 R, Block A, Peterbilt Addition The exacbon vanan~ request V-01-0003 presented by Peterbilt, Inc for Lot 1R, Block A, Peterbilt Addition has been submitted for Secbon 34-16(5)(b) of the Subdivision and Land Development Code Secbon 34-16(5)(b) refers to the mqu~md drainage mformabon for the prehm~na~ plat The actual secbon that the apph~nt has stated ~n h,s vanan~ request jusbfi~bon ~s 34-124(d)(1) ~ states All developments shall provide for new drainage facilities, the ~mpmvement of any ex~st~ng drainage faciht~es, ~annel ~mprovements, grading, dnve~y adjustments, ~lveK ~mpmvements or any other ~mpmvement Drainage fac~hty or wo~ ne~ssa~ to pmwde for the storm~ter drainage needs of a development, ~n ac~rdan~ ~ the requirements and design standards of th~s section, shall be ~ncluded but not hm~ted to any drainage fac~ht~es, improvements or o~er wo~ ~ch ~s ne~ssa~ to a Prowde for the ~nveyance of all storm~ter from the development ~en ~lly developed to an adequate d~s~arge po~nt, b Fulfill any pu~ose for ~,ch the requirements of ~s secbon am ~mposed, c Adequately protect the development from flooding, ~ndud~ng the effe~s of · e one-hundred-year flood, d Pro. dy ~ntrol any ~n~ease ~n the upstream or do.stream stage, ~n~ntrabon or ~ter su~a~ elevabon ~used by the development, e Provide for the conveyan~ of off-site storm drainage based on ulbmate developed ~tershed ~nd~t~ons ~mugh ~e development In the ~se of Peterbilt, the drainage ~mprovements ~denbfied m the pmhmina~ drainage study are ea~hen channels on west and east s~de of the prope~y to handle offs~te and ons~te storm ~ter (see ~h~b~t 1) ~e drainage ~mprovements would need to be ~ns~u~ed as per C~ty of Denton Subd~ws~on and Land Development Code These drainage ~mprovements are typ~lly mqu~md as pad of the Rnal Plat At th~s t~me only, a pmhmma~ plat has been submitted The length of channel to be constructed m approximately 1300 hnear feet In order to recommend approval of the final plat, ~nst~,on plans am to be submitted, mvmwed, and approved by C~ty Staff Construction plans have not been submitted for the required drainage ~mprovements Peterbilt Is requesting that the C~ty of Denton approve thc final plat ~thout requiring that the drainage ~mprovements be constructed now Peterbilt would hke to delay dre~nagei~mprovements until such t~me that a building or parking lot ~s constructed At the t~me pf building permitting, the C~ty of Denton would have to require construction plans, three-way contracts, bond, etc En order to require Peterbilt to construct the dratnagel channels City of Denton has almost no legal authonty to require public ~mprovements such as drainage at the t~me of the building permit process City of Denton does have legal authonty to require pubhc improvements such as drainage during the final plat process Staff has recommended to Peterbilt the optEon of doing a conveyance plat In lieu of prehmmary and final platting, which would enable the joining of the property ~thout the obhgat~on of making drainage Improvements Prehm~nary and Final platting and drainage Improvements would then be required pnor to ~ssuance of a building permit Another opbon is to provide a permeable area easement on the plat for approximately 19 54 acres of the northern port~on of Lot 1R, Block A, which would prohibit buildings, structures, or other permeable Improvements from being constructed Therefore, a replat along with construction plans, etc would be required prior to issuing a building permit for a structure,or parl~ng lot The permeable easement option ~s allowed by the drainage ordinance C~ty staff recommends den~al of exacbon variance request V-01-0003 based on the lack of a final plat, and other available options to Peterbilt pROPOSED CHANNEL B !~- PROPOSED CHAN~ - CULVERT Z '- =' III /~ (~'~ I I I CULVERT Y 2-60"RCP ~ ~ 1-4-8'RCP I Al R-P~)R-T RD ,11'X4-' BOX CULVERT W ,j J PETERBILT ADDITION 'J~ CondcnscltTM ATTACHMENT 2 Page 3 I P R O C E E D I N G S I to get tho infrastructure nnprovements at a later date 2 MR MCNEILL Seeing that we have a, 2 when thc development dcen occur Because, at th~s t~me, 3 will open the March 28th, 2001 meetm 3 there's no development proposed They just want to 4 and Zoning Corarmssten 4 combine ~t mto - the two lots rote one lot, so that 5 5 would take care of the C~ty's desire to get the pubhc 6 6 ~mprovements and take care of the apphcant's des~m to 7 7 combine the lots at flus tmae I behove the apphcent ~s 8 8 here ff you have any quesuons 9 9 MR MCNEILL conumss~oners, do you have 10 10 questmns for staff before we hear from the apphcant? 11 I1 Okay Allnght Isthnapphaantortheapphcant's 12 12 representatave h~r~ and would hke to make a statement? 13 13 Ma I,YK~. Z m Jim Pyke I'm the Operations 14 14 Manager of Peterbilt Motors I think you've read what 15 15 we'r~ asking for Larry and I spoke briefly about the 16 ' to review this 16 development plat Our intent zs to just ~ to get th~s 17 17 flung down to a final plat at th~s point m time We have 18 18 no plans for tho property at th~s point 19 19 Anything that we thd today as an Lmprovement 20 20 may be a waste of tune, effort, and money based on what we 21 tzy to do m thc future That's why we're here Our 22 intent ~s to Wry to get flus thing platted so that when we n the board -- excuse 23 get down to the bmldmg perma and design process, that whether you're in favor or not 24 process moves as fast as we possibly can That's thc maxed two motions there Sorry about that 25 reason why we're here askdng for thc variance Questaons? Page 2 Page 4 1 6-0 I MR MCNEILL commissioners, do you have any 2 The next ttezn for consideration are individual 2 questions for Mr Pyke9 3 items First item is Item 5 3 MR RISHEL Yes IS there any conflict 4 MS OOURDIE I need to m"move myself from 4 between what Mr Reichhart has presented as a potential 5 this item 5 direction for you as opposed to what you had set forth 6 MR. MCNEILL Okay Duly noted So the first 6 mmally* 7 item then is for a prelmunary replat of the Peterbilt 7 MR pyKE I don't see any What Lany's 8 Add~tton and I baheve that Marcy is going to bnng us the 8 suggesting is we would have to get ahead of the game once 9 staff report on that Or is Ms Hudson going to do it? 9 we decided that we were going to develop, then try to get 10 MS hWDSON sorry about that It was my 10 ahead of it and get our unprovements put together, our 11 understanding that the Assistant Director was going to do 11 design so that we had tt all coming together 12 the mtroduet~en for this one 12 MR RISHEL And that's fine with you~ Okay 13 MR REICHHART The backup tn your notebook 13 Thank you 14 has staff recommending dental of the variances and there 14 MR MCNEILL Other questions? Thank you, Mr 15 ts one other alternative if you decide that you'd hke to 15 Pyke Commissioners or staff, do you have additional 16 accept it What also could happen is that we approve the 16 comments9 17 vanane.~s on the cond~tion that prior to getting a 17 MR REICHHART NO 18 bmldmg penmt, the applicant, property owner, would have 18 MR MCNEILL okay Thank you 19 to do what is called a dovalopment plat And it's not 19 MR SNYDER I want to make a comment You 20 sometlung we do very often, but it would be avaalable 20 might want to make It clear that the development plat 21 And the development plat Is very samlar to the final plat 21 would have to come back to the Planning and Zoning 22 m that all the public nnprovements that would be requu'ext 22 Comrmssion for approval I want to make sure the 23 would have to be tdentffied and then designed So that 23 apphcant understands that 24 would allow the apphcant to plat the two parcels mto one 24 MR MCNEILL commisetoners, you've heard the 25 as they desire at tins tmae and would still allow the Cit 6 recommendation We have a mothficatlon of what's been THE PLANNING AND ZONING COMMISSIO, .... LCH 28, 2001 Page 1 - Page 4 Condcns¢itTM Page Page 7 recommended here on our Agenda Do you have addition I MR MCNEILL Anything that would require a 2 questions or is there a motion? I think part of the 2 building penmt I mean, they could do some Interior 3 problem may be that -- 3 ~modelmg 4 MR RBICHHART we have to have two motions 4 MR MORENO And so staff recommends approval 5 for each vananco that is being requested and, basically, 5 of the variances based upon the approval of the 6 the altormlttve that I outlined would basically delay the 6 development plan that has to come to p&Z9 7 improvements until such time as development is proposed 7 MR REICHHART Paght 8 And I think we have the wording if you do dastre to -- 8 MR MORENO okay 9 MR SNYDER I also want to point something 9 MR REICHHART So, basically, the variances 10 else out rlhem are what we call exaction variances, so 10 ate in effect until such tune that the applicant decides 11 these have to still go forward to City Council for tbeir 11 to build 12 approval once you recommend them 12 MR MCNEILL SO he has a variance but he 13 MR REICHHART And on both vartances, ifyour 13 can't do anything Onceheapphesforabulldingpermlt, 14 desire is to approve them, the condition that we would ask 14 then he has to corec back to P&Z I'm trying to sunphfy 15 for is that poor to building permits being issued, a 15 what we're saying here 16 development plat will be submitted which shall include the 16 MR REICHHART Paght This vail allow the 17 provisions of all pubhc lrnprovoments required by thc 17 applicant to combine thc property mte one lot as opposed 18 City's subdtvtston regulations 18 to two 19 MR IviCN~LL okay So what we have, we have 19 MR MCNEILL And not do any -- no 20 a request for a vanance Let's take the first one 20 improvements But once he decides that he's going to 21 concerning proposed water and sewer lines So you*re 21 develop the property, he has to come back to P&Z to get 22 seymg, I'm not sum what yun're saying 22 pernuss~on to get the development plat 23 MR REICHHART Approve the variance vath that 23 MR REICHHART correct, as tt would a typical 24 condition 24 plat 25 MR MCNEILL okay So we would approve the 25 MR MORENO I still have a quesUon Would Page 6 Page 8 variance with tho condmon as stated thvr* Okay 1 we be, in effect, forgiving the requu'ement for pertmel~r 2 Ma P~ would I bo able to do the 2 paving, for example? 3 ~mprovemects once I presented the davelopm~nt plat and got 3 MR REICHHART Until such tLme that the 4 approval on that, would I be able to do the anprovement~ 4 apphcant decides to do any building 5 m conjunction w~th my other improvements to tho properly? 5 MR SNYDER we're .lOSt defcmng tt 6 MILR~ICHHART YaS 6 MR MCNEILL That's a good summary We're 7 MR vYm~ so it cauld all bo a strmght hne 7 deferang it We're not granting a permanent variance g MR MCNI~ILL okay Legal is edvismg me that 8 We're deferring it until such tune as a butldmg permit 9 v~ could combine th~© rote one medea so w* could do all 9 would be requested I 0 thr~ variances with tiaa condmon as stated by Mr 10 MR MORENO So this act. ton, ail it does is it 11 Reichhart I flunk thnt nught be a snnpler way to go 11 has the effect of combining the two lots mia one which Is 12 Ma sNYnm~ ~ they also asking for approval 12 what be wants m the first place? 13 of prehmmary plat tomght? 13 MR MCNEILL Right That*s my understanding 14 MR REICHHART NO 14 IS that correct9 15 MR MCN~LL DO WO have n "does anyone went 15 MR MORENO Thank you 16 to attcmpt that? 16 MR MCNEILL Okay Well, xt makes sense to 17 MR WILLIAMa W0're 0n number -- 17 me because basically ali they're ask4ng, all Peterbilt ts 18 MR MC~IrL wa're on Agenda It~a 5 18 asking for Is to combine these rote one location And 19 MR WILLIAMS I 1~ late I ne*:i to know 19 then at such tune as they want to develop It, then they 20 sometlung about what's going on I've read it and -- 20 have to come back and comply vath these ordinances that 21 MR SNYDER want tls te rep~at what happened? 21 exist concerning water and sewer hnes and street 22 MR MOP, re, to well, I'd hko for arc, p~l~on 22 nght-of-way and channel improvements 23 What v~'r~ doing is we are apprevm8 tho variance subJeCt 23 MR WILLIAMS HOW is flus going to be worded~ 24 to the sublmssion of a dovelopment plan prior to any 24 MR. RISHEL It basically would be -- what had 25 dovelopmect 7 previously been recommended by staff to deny, to be able THE PLANNING AND ZONING COlV~8ISSIOi ..... EH 28, 2001 Page 5 - Page CondonseltTM Page 9 Page 11 I to recommend that with tho understanding that prior to anyI MR WILLIAMS Yes Put some teeth in it 2 building gm'nuts being issued, a dewlopment plan would be 2 Put little bit of teeth 3 submitted which shall include the provisions of all public 3 MR MOP. ENO Let me attempt something and you 4 tmproveanenta required by the City subdivision retotlations 4 can tell me if I'm wrong 5 And so that would be tacked onto tho -- 5 MR MCNEILL GO right ahead 6 MU MC],mIL~ so, Couianss~oner Pdshol, did you 6 MR MORENO Mr Chairman, I would like to 7 make that in the form of a motion? 7 move approval of the prehrmnary replat for the Peterbilt 8 Ma. mattel No, I did not 8 Addition, but would also recommend deferral of the 9 MR MCNEILL okay 9 proposed variances concerning water end sewer lines, 10 MR RISHEL I would have liked to 10 sidewalks, and channel unprovements until such time as 11 MR. MCNEILL well, smca - I'm not making 11 budding permits are being issued Also, that a 12 one I'm waiting for one of you to do that 12 development plat will be subrmtted which will include the 13 MR. RISFIBL If Mr Moreao would hka to do 13 provtmons of all public unprovements required by the Clt 14 that, that would be fine with mo It nught be easier if 14 subdivision mgulataons That was all jumbled up I'm 15 you went back to the Agenda item benause it's a little 15 sorry 16 eas~er to - 16 MP, MCNEILL But I think you're all right 17 MR MCNEILL say again Do you have a 17 But you then need to add the statement that the variances 18 questaea? 18 would expire 19 MR. WILLIAMS Yeah Ijust have some 19 MR SNYDER That's not right You can't 20 concerns Okay I understand what yan're saying I've 20 defer the variances What you need to say is you hereby 21 read what you're sayuig But there's no expiration date 21 make a motion to grant the variences for these three 22 for tins 22 things and then add that lengu~ge 93 MR MCNEILL COiTC~t 23 MR RISHEL SUm glad I deferred tins 94 MR. WILLIAMS I would hkc for semethleg 24 MS RATCLIFF The prehmlnary plat ts not 25 about the variance wdl expire ui that to add a htlle bit 25 before you so you can't recommend approval of the Page 10 Page 12 1 more teeth to it 1 pmlumnaxy plat because tt ts not under consideration at 2 MR MCNEILL But tt only exptras -- I mean, 2 this time You're only considering three variances for 3 it only -- this -- 3 the proposed prelunmary and final plats 4 MR WILLIAMS I wouldJust hke that m the 4 MR REICHHART One.~ they get the variances, 5 wording 5 they wall -- 6 MR MCNEILL But you don't know when they're 6 MR SNYDER DO you want me to just go ahead 7 going to develop it end so you're puttang n force on them 7 and state it and then maybe -- the motion should be that 8 to tell us when they're going to develop the property and 8 you make a motion to recommend approval of the three 9 they don't know at this point 9 variances under Section 5 of your Agenda subject to the 10 MR V~LLIAMS NO I'm not saying the date, 10 followmg condition that prior to braiding penmts being 11 the word expund, just the word 11 issued, a development plat will be subuntted that shall 12 MR SNYDER Let me see if I understand what 12 include the provisions of all public Lmprovements reqmred 13 he's saying Are you saying that the vanenco would 13 by the City subdivision regulations, and at such time the 14 expire by -- let me just make tins as a suggestion, it 14 development plat Is applied for, these variances shall 15 would cxpu'e, let's say, tn five years If a development15 expire 16 plat is not applied for m that -- let me just finish 16 MR RISHEL SO moved 17 MR. WILLIAMS NO, I'm not putting a tune 17 MS APPLE second 18 table on it at all 18 MR MCNEILL IffS been moved and seconded 19 MR. SNYDER If the concern is that fins n~ght 19 that we -- 20 be hanging out there forever, you could say that the 20 MR RISHEL I did that so well 21 vanence would expire w~ttun a certain period of tune 21 MR MCNEILL Yeah I'm unpressed with your 22 MR REICHHART Or -- and I think where you're 22 understanding of the legal system Is there any 23 getting al: is upon such en apphcation of the development 23 thseusston? 24 plat, these vanences are unll end yom or they expu'e or24 MR RISHEL EXectly what I was going to say 25 something hke that MR MCNEILL Any discussion? Any questlonsV THE PLANNING AND ZONIIqG COIVlMISSIO 8 CH 28, 2001 Page 9 - Page 12 CondensoItTM Page 13 Page 15 I All right Vote on the board, pless~ There we go I la prowde for you the report that would reflect the - of :2 Motion passes 6-0 :2 on that chapter, that we wrot~ ~t or typed 3 3 : and Zomn$ Cormmssmn~ 4 tvm 4 5 5 L MClq~ILL COlllmls$1ouer Holt, I thulk 6 5? ~t we move 6 questaon 7 Agenda Item Il .- Ageada 7 M NO 8 Item 8 MR okay Any- 9 before we ~aore any 9 correct when I 10 n 10 up 10 or what we 11 folio'rang = 'mB do that 11 reached consensus ~ort on 12 Okay 12 Chapter 5 13 to conslda Council m 13 MR I, OWltLI. 14 14 MR MCNEILL So -- Colnlnl$$1Oller 15 I 15 Gourthe 16 thnk at this ~t of the 16 MS not also include what 17 I don't know that 17 we d~scussed, thn Conumss~oners, 18 ~ es much es wn 18 the whole two days' 19 19 20 20 21 Subchapter 5 that 21 vtCNEILL mght 22 Agenda lt~n and Mr 22 aottP, Dl~ Because you 23 Powell 23 ltunk of Ms I and Ms Apple's 24 24 Okay 25 and pointed out 25 MR POWELL It's the subcommittee's report 16 I :port that you have 'ruth the amendments or d;scussmn or consensus 2 understanding on page 3 m the, 2 at your work sessmn mestmgs :3 that veluele repau' be 3 MR MCa, mILL vaght 4 have an .~ page -- 4 i just have a question on 5 MR YOU mean ~ 5 under nursing 6 serw.¢tng? 6 homes a say change name to 7 MR '8 a veluele 7 fiat because I 8 repan' Qmek ~ o~1 change But 8 trussed that ~ a hule 9 there's use eat~gory that 9 homes often 10 was not contained m should say under qmok 10 bevn penplo that , m tham, that 11 vetu¢le ~ hue and then veluele 11 just need care ~ sounds hke elderly 12 repmr and requtre an sup 12 apartments whereas: , ~' are usually a 13 MIL MCN'EILL 13 medical fa¢~hty What background on that? Because 14 MR POWELL the~ are not 14 the two don't mean so I was surprised to 15 chaages but they're ~ ~ document that we 15 see 16 don't tlunk were document'o ~ d,d not 16 ~ tho name, I think, 17 dtsonssren Ms Holt had 17 home 18 caught those 18 i the ox~stmg t :t for nursing homes, 19 The one was m the next' under RCC, 19 aged - care And my 20 RCC and v repau' be allowed 20 is we're s'mtolnng to 21 MCNEILL L 29 21 ~ that's m the 23 ~4.23 Ma APPL~ But housing is still to 24 MR MCNEILL Okay : metheal care? That's wbem I'm 225 MR POWlELL And, agatn, what w~ tried to do sounds hke housing and I just wan make sure ~ PLANNING AND ZONIN(~ COMMISSIO 9 CH 28, 2001 Page 13 - Page It AGENDA DATE: April 17, 2001 DEPARTMENT: Planmng Department ,_r~ CM/DCi~UACM: Dave Hill, 349-8314 SUBJECT - V-01-0010 (Peterbilt Variance) Consider approval of an exaction variance from Section 34-114(5) and Section 34-114(17), required extensions, concermng perimeter paving and sidewalks, of the Subdivision and Land Development Regulations for a 100 acre property is generally located on northwest comer of Airport Road and Precision Drive The site is in a Light Industrial (LI) zoning district The combination of two lots into one lot is proposed The Planning and Zoning Commission recommends approval of the variance w~th condmons (6-0) (V-01-0010) BACKGROUND The applicant has requested an exaction variance, based on the timing of the expansion construction and the cost of the required improvements (See Attachment 1) ~' The apphcant is proposing to combine two lots into one lot The applicant proposes no street or sidewalk improvements >' According to the Subdivision Regulations, perimeter paving IS required to be extended across the addmonal frontage being added to the existing platted lot Sidewalks would have to be constructed along the entire lot frontage Precision Drive is reqmred to be extended at a minimum width of 25 feet OPTIONS 1 Approve as submitted 2 Approve w~th conditions 3 Deny! 4 Postpone consideration 5 Table Item RECOMMENDATION Staff recommended denial of the perimeter pawng and sidewalk variance as a conveyance plat would Join the two pieces of property under Peterbllt's ownership, without requmng perimeter paving and sidewalk improvements (See Attachment 1) At the P&Z meeting, staff offered another alternative to approve the variance with the condition that a development plat be required prior to issuance of a building permit This alternative would allow the applicant to combine the two parcels and at the same time ensure that the City would get the necessary improvements, prior to any new construction The Planning and Zomng Commission recommends approval of the variance with the following conditions (6-0) 1 1 A Development Plat must be approved prior to issuance of a bmld~ng permit, and 2 The exaction variance approvals expire upon submittal of a building permit ESTIMATED PROJECT SCHEDULE The subject property ~s not platted and would need to be platted, prior to development A Preliminary Plat has been reviewed by the Development Review Committee, but has not been approved by the Development Rewew Committee No Planmng and Zomng Commms~on date has been tentatively set for the Prehmmary Plat A Final Plan and a ProJect Plan must also be approved, prior to development No F~nal Plat or ProJect Plan has been submitted at th~s time PRIOR ACTION/REVIEW The following ~s a chronology of V-01-0003, commonly known as Peterbilt Addition Apphcatlon Date - April 17, 2000 DRC Date - April 27, 2000 P&Z Dates - March 14, 2001 and March 28, 2001 FISCAL INFORMATION Expansmn of this facility could increase the assessed value of the mty, county, and school d~stnct It will require no short-term public ~mprovements that are the responsibility of the mty Fmlure to exact perimeter pawng and s~dewalk ~mprovements as part of the platting process could hrmt the C~ty's ability to require needed ~mprovements, caused by the plant expansion, as a building permit could be ~ssued w~thout needed ~mprovements bmng constructed, as requested by the applicant ATTACHMENTS 1 Planning and Zomng Comm~ssmn Report, March 28, 2001, V-01-0010 2 Planning and Zomng Commlsmon m~nutes from March 28, 2001 Respectfully subm~tted~ Douglas B Powell, AICP D~rector of Planning and Development Prepared by Beth Hudson Planner I 2 ATTACHMENT 1 To Plarmmg and Zomg Comnusslon From Davzd Salmon, P E Interim Dm~etor of Engmeen Date 3/20/01 Re Perimeter Paving & S~dewalk Variances for Peterbullt Addmon Paccar Inc, owners of the Peterbullt Addition located on the north side of Au-port Road and west of Precision Drive have apphed for variances of section 34-114, (5) and (17) of the Code of Ordinances concerning perimeter paving and sidewalks The applicants are proposing to replat the ex~stmg platted lot to include an ad(httonal 20 acres to the north that they have purchased fi.om the Rayzor Estate The subJeCt seetaons ofthe ordinance reqmre that Preemon Dnve be extended w~th sidewalk across the ad(htlonal f~ontage being added to the existing platted lot at a w~dth of at least 25 feet The remainder of the street could be constructed when property on the other side of the street as platted In ad(htton, sidewalk would have to be installed along the street frontage of the existing lot Preemon Drive is a collector street on the City's Mobflaty Plan Paccar has no Immexhate plans for the ed(httonal property They propose no street or sidewalk tmprovements The apphcants base the reason for the variance request on the large cost for the subject Improvements including the offslte right of way reqmred and the fact that they have no me(hate plans for the ad(ht~onal property The Comrmsslon may recommend that tlms exactmn variance be approved by the City Council if the following cntenon is met (b) Criteria for variances from development exactaons Where the commlssaon finds that the Imposllaon of any development exaetton pursuant to these regulattons exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscataon of the tract to be platted, it may recommend approval of variances to wmve such exactaon's, so as to prevent such exeass, to the Caty Council Waiver of developmental exaclaons shall be approved by the City Council The questton Is, are the costs associated w~th the pubhc anprovement reasonable and consistent w~th the type of development proposed and the demand for services that will be created? Also m flus case, the apphcants have other legal options that would allow them to either reduce the sidewalk Improvements to only the new property or to not have to make Improvements at all for the time being Staff recommends that both variances be demed By m~plattmg the existing lot to include the new property, if and when Paccar or another owner wishes to bmld something on the property, they wall be able to obtain a building perrmt wtthout bmldmg the addltmnal ml~astmeture If they only plat the new property as a separate lot, they could avoid improvements associated with the emstmg lot such as the stdewalk If they really want to avoid tmprovements at this tune, and wmt unttl they use the now property, they could process a conveyance plat on the new property A conveyance plat would make thetr purchase from the Rayzors legal, but would not allow them to obtain a building permit Later, If and when they have plans for the property, they could replat rote one lot and bmld nnprovements then The reqmred paving umprovements would cest the appheants approxunately $18,000 plus right of way ex>st and sidewalk unprovements approxunately $38,400 by staff's estimates G~ven the size of the current faeihty and how much traffic it generates combined with the posslblhty of additional major expansion, the costs of the mt~tmcture are relatively small Recommended Motions' I move that we recommend derail of the vanence to 34-114 (5) of the Code of Ordinances to the C~ty Council for perimeter paving on Peterbmlt Addatton, as the reqatred lmprovernent does not exceed reasonable benefit to the potenttal development I move that we recommend derail of the variance to 34-114 (17) of the Code of Ordmances to the Clty Council for sidewalks on Peterbmlt Addatton, as the reqmred unprovements would not exceed reasonable benefit to the potential development Condens~It~ t, Tl-~o. uu~N.r ~ Page 3 i P R O C E 11 D I N G S I to get the mfrasUucture uuprovements at a lam' date 2 MR MCNEILL S~mg that w~ have a ~ 2 when the development does occur Because, at th~s tune, 3 will open the March 28th, 2001 3 there's nn development proposed Thny just want to 4 and Zoning Comnussion I on thc 4 combine ~t into -- the two lots rote one lot, so that 5 ~ consider ~ of the 5 would tekc care of thc City's desmu to get ~ pubhc 6 28th and March ' 6 ~mprovements and take cam of thc apphcunt's destro to 7 MS I'll move to s he minutes 7 curnbuan the lots at t!us t~m¢ I bchevc the apphcant ~s 8 8 hem if you have any questions 10 MR MCNEIL] and seennded we 10 questiuns for staff before w~ hour from the apphcant u 1! approvcthemmutesa: Is there any disenssion? 11 Okay Alltught la thc apphcem or the apphcant's 12 Vote on the board 12 representative hem and would hkc to mak~ a stotement? 13 ) 13 Mr, PY'.<l~ I ua Jun Pyke I'm tl~ Opes'sirens 14 MR I on our Agenda is 14 Manager of Peterbilt Motors I think yun'vc mad what 15 Items 2, 3, and 4 15 wu'tn asking for Larry and I spoke briefly about the 16 n has had an e to review this 16 devclopuacnt plat Our m~ent is to just wy to get tins 17 andask, of staff Solsthere 17 thmgdowntoafuaalplatattlaspouatuaume Wnhave 18 18 no plans for th~ propa~y at tins point 19 SO moved 19 Anything that we did today as au unprovement 20 AI'P{~ Second 20 uaay be a waste of titan, effort, and uaontg' based on what we 21 MCNEILL It'8 21 try to do m the future That's why we'relx:m. Our 22 All those in 22 intent ~s to try to get this thong plated so that when we 23 eta the board -- excuse me, everybody vote on 23 get down to the bmlduag pemut and design process that 24 whether you're m favor or not Excuse me I 24 process moves as fast as we possibly can That's the 25 mixed two motions there Sorry about that Motion passes 25 reason why we're hem aslaag for the vananee Questions? Page 2 Page 4 6-0 MR MCNEILL commissioners, do you have any 2 The next item for consideration are mthvidual 2 questions for Mr Pyke~ 3 ltcans First item is Item 5 3 MR RIqHEL Yes Is there any conflict 4 MS GOURDIE I need to remove myself from 4 between what Mr Relehhart has presented as a potential 5 this item 5 direction for you as opposed to what you had set forth 6 MR MCNEILL okay Duly noted So the first 6 initially? 7 ltemthentsforaprelunmaryseplatofthePeterbdt 7 MR PYKE I don't see any What Larry's 8 Addition and I believe that Marcy is going to bnng us the 8 suggesting is we would have to get ahead of the game once 9 staff report on that Or is Ms Hudson going to do it? 9 we decided that we were going to develop, then try to get 10 MS HUDSON sorry about that It was my 10 ahead of it and get our unprovements put together, our 11 understanding that the Assistant Da'enter was going to do 11 design so that we had it all coming together 12 the introduction for tins one 12 MR RIqHEL And that's fine vath you'~ Okay 13 MR REICHHART The backup in your notebook 13 Thank you 14 has staff recommending denial of the vananees and there 14 MR MCNEILL Oth~r quest~on$'~ Thank you, Mr 15 is one other alternative if you dec,de that you'd like to 15 Pyke Conumssioners or staff, do you have adihtional 16 accept it What also could happen is that we approve the 16 comments? 17 variances on the condition that prior to getting a 17 MR REICHHART NO 18 building permit, the applicant, property owner, would have 18 MR MCNEILL Okay Thank you 19 to do what ls called a development plat Andlt'snot 19 MR qNYDER ~wanttomakeaconunent You 20 sometlung we do very often, but it would be avmlahle 20 might want to make it clear that the development plat 21 And the development plat is very smular to the final plat 21 would have to come back to the Planning and Zoning 22 in that all the public h'uprovements that would be required 22 Commission for approval I want to make sure the 23 would have to be identified and then designed So that 23 apphcant understands that 24 would allow the applicant to plat the two parcels into one 24 MR MCNEILL commissioners, you've heard the 25 as they desue at tlus tune and would still allow the Cit') recommendation We have a moddicao, on of what's been THR. PLAN-N-IN(] AND ZONIN(] COMMISSIO, 5 CH 28, 2001 Page 1 - Page CondenseltTM Page $ Page 7 I recomincn~ied here on our Agenda Do you have additional I MR MCNEILL Anything that would require a 2 questaons or is there a motion? I think part of the 2 building pcmut I mean, they could do some interior 3 problem ntay be that -- 3 remodeling 4 MR REICHHART We have to have two motions 4 MR IvlOR~O And so staff recommends approval 5 for each variance that is being requested and, basically, 5 of the variances based upon the approval of the 6 the alternative that I outlined would basically delay the 6 development plan that has to come to P&Z? 7 improvements until such tune as development is proposed 7 MR REICHHART mght 8 And I think we have the wording if you do desire to -- 8 MR MOP~,O Okay 9 MR St,/YDER I also want to point sometlung 9 MR REICHHART SO, basically, the variances 10 else out There are what we call exaction variances, so 10 are in effect until such tLme that the applicant dec,des 11 these have to still go forward to City Council for then' 11 to build 12 approval once you recolnmend them 12 MR MCNEILL SO he has a vananoc but hc 13 MR REICHHART And on both variances, if your 13 can't do anything Once hc apphes for a building pcrrmt, 14 desuclst0approvcthem, the condition that we would ask 14 then he has to come back to P&Z I'm trying to sunphfy 15 for Is that pnor to btulding permits being issued, a 15 what we're saying hcrc 16 development plat will be submitted wlunh shall include th~ 16 MR R£1CN~L~T Paght This will allow thc 17 provisions of all public unprovements required by the 17 applicant to combine the property Into one lot as opposed 18 City's subdivision regulations 18 to two 19 MR MCNEILL okay So what we have, we have 19 MR MCNEILL Arid not do any -- no 20 a request for a vanance Let's take the frrst one 20 unprovements But once he decides that he's going to 21 concerning proposed water and sewer lines So you're 21 develop the property, he has to come back to P&Z to get 22 saying, I'n~ not sure what you're saying 22 permission to get the devclopmcot plat 23 MR REICHHART Approve the variance vath that 23 MR REICHHART Correct, as it would a typical 24 condition 24 plat 25 MR. MCNEILL okay So we would approve the 25 MR MORE~',O i still have a question Would Page 6 Page 8 I variance with the cenditien as stated there Okay 1 we be, in effect, forgiving the rc4uirement for perunctcr 2 M~ PYI~. would I be able to do the 2 paving, for example'~ 3 improvements once I preened the d~velopm~nt plat and got 3 MR REICHHART Until such tLme that thc 4 approval on that, would I be able to do the unprovemants 4 applicant decides to do any building 5 mcen. lunction with my other improvements to tho property? 5 MR SNYDER We're Just defernng it 6 MR REICHHART Yes 6 MR MCNEILL That's a good summary We're 7 MI~ I'YI~ SO n could all be a straight bna 7 dcfcmng It We're not granting a permanent variance 8 Ma. MOX'EILL okay Legal is advising me that 8 We're defemng it until such tune as a building permit 9 w~ could combine those into one motion so wa could do all 9 would be requested. 10 thr~ variances with tlas conthUon as stated by Mr 10 MR MORENO SO this action, all it docs ~s it 11 R~¢hhart I think that nught be a s~mpler way to go 11 has the effect of combining the two lots into one which is 12 MR SNYO~ Are tbey also asking for approval 12 what he wants in the f'n-st place'~ 13 ofprehnu~laryplattomght? 13 MR. MCNEILL Right That's my understending 14 MR RFiCHHART NO 14 IS that correct? 15 MR MCI'~EILL DO wa have a -- docs anyone want 15 MR MOP. ENO Thank you 16 to at~:~npt that? 16 MR MC'NEILL okay Wall, tt makes sense to 17 MIC WlLLO, MS We're on number -- 17 mc because basically all they're asking, all Petarbflt is 18 MR MeNBILL we're on Agenda Item 5 18 asking for is to combine these rote one location And 19 MR WILLIAMS t'm lab I neext to know 19 then at such tu~¢ as they want to develop it, then they 20 somellung about what's going on I'va read It and -- 20 have to come back and comply w~th these ardinanocs that 21 IvllC SI,,'YDER Want US to repeat what happened? 21 exist concerning water and sewer lines and street 22 ~ MOI~NO well, I'd ~ for a rep~tien 22 right-of-way and channel unprevements 23 What w~'re doing ~s we a~ approving the variance subject 23 MR WILLIAMS HOW is this going to be wordcd'~ 24 to the subanssion of a development plan pnor to any 24 MR. RISHEL It basically would be -- what had 25 development previously been recommended by staff to deny, to be able ~ PLANNING AND ZONING COMMISSIC 6 :CH 28, 2001 Page ~ - Page 8 CondonsoltTM Page Page 1 I 1 to recommend that with the understanding that prior to any I MR WILLIAMS Yes Put some teeth m it 2 bmlthng penmts being issued, a development plan would bo 2 Put little bit of teeth 3 sub~raued, which shall include tho prowsmns of all pubha 3 MR MORENO Let me attempt something and you 4 mapmvemee~ reqmred by the C~y suhthwsmn regulaUons 4 can tell me if I'm wrong 5 And so that wonld be tacked onto the -- 5 MR MCNEILL GO night ahead 6 MR Ma, miLl. so, Commiss~onex R~sh~l, did you 6 MR MORENO Mr Chau'man, I would like to 7 make that in the form of a moUon? 7 move approval of the prelLmmary replat for the Peterbilt 8 MR. msn~L No, I d~d not 8 Addition, but would also recommend deferral of the 9 MR MCNEILL okay' 9 proposed variances concerning water and sewer hnes, 10 MIL RISHUL I would have hked to 10 sidewalks, and channel improvements until such time as 11 MIL MCI~ILL well, sines - I'm not making 11 bmldmg permits are being Issued Also, that a 12 one I'm wmtmg for one of you to do that ! 2 development plat wdl be submitted winch will include the 13 MIL RIS~mL If Mr Merino would hke to do 13 provisions of all pubhc unprovements rcquu'ad by the City 14 that, that would ha fine wlth me Itnughthaeasl~r~f 14 subdtvisionregulataons That was all jumbled up I'm 15 you wont back to the Asenda ~tam because Wa a little 15 sorry 16 eas~er to -- 16 MR MCNEILL But I think you're all right 17 MR MCNE[LL Say again Do you have a 17 But you then need to add the statement that thc variances 18 question? 18 would expLre 19 MS. WILLIAMS Yeah Ijust have some 19 MR SNYDER That's not right You can't 20 concerns Okay Iund~rstandwhatyou'resaymg I've 20 defer the vanances What you nced to say is you hereby 21 read what you're saying But there's no ~xpiratton date 21 make a motion to grant the variances for these three 22 for this 22 things and then add that language 23 MR MCNEILL. cornet 23 MR RISHEL sure glad I deferred tins 24 MR WILLIAMS I would like for something 24 MS RATCLIFF The pmhmmary plat is not 25 about the variance will expire in that to add a little b~t 25 before you so you can't recommend approval of the Page I0 Page 12 1 more teeth to it 1 prelLvmnary plat because tt is not under consideration at 2 MR MCNEILL But it only expires -- I mean, 2 this time You're only consldenng three variances for 3 it only -~ this -- 3 the proposed prelumnary and final plats 4 MR WILLIAMS I would Just like that In the 4 MR REICHHART Once they get the vmances, 5 wording 5 they will -- 6 MR MCNEILL But yOU don't know when they're 6 MR SNYDER DO you want me to just go ahead 7 goxng to develop it and so you're putting a force on thom 7 and state it and then maybe -- the motion should be that 8 to tell us when they're going to develop tho property and 8 you make a motion to recommend approval of the three 9 they don't know at this point 9 variances under Section 5 of your Agenda subject to the 10 MR WILLIAMS NO I'm not saying the date, 10 followtng condition that prior to bmldtng permits bemg 11 the word expired, just the word 11 issued, a development plat will be submitted that shall 12 MR SNY~ER Let me see if I understand what 12 include the provisions of all pubhc unprovements required 13 he's saying Are you saying that the variance would 13 by the City subdivision regulations, and at such time the 14 expire by -- let me just mako ttus as a suggestion, it 14 development plat is applied for, these variances shall 15 would expue, let's say, m five years if a development 15 expire 16 plat is nOt applied for m that -- let me just finish 16 MR RISHEL SO moved 17 MR WILLIAMS NO, I'm not putting a time 17 MS APPL~ second 18 table on it at all 18 MR MCNEILL It's been moved and seconded 19 MR. SNYDER If the concern is that this might 19 that we -- 20 be hanging out there forever, you could say that the 20 MR RISHEL I did that so well 21 variancewouldexptrewltlunacertmnpenodoftmie 21 MR MCNEILL Yeah I'm rmpressed with your 22 MR REICHHART Or -- and l thmk where you're 22 understandtng of the legal system Isthereany 23 getting at is upon such an apphcation of the development 23 6hseussten? 24 plat, these variances are null and void or they expire or 24 MR RISHEL Exactly what I was going to say 25 somettung like that 7 MR MCNEILL Ally discussion? Any questtons9 TIlE PLAlqlqllq(} AND ZONING COMMISSIO1 2H 28, 2001 Page 9 - Page 12 CondenseltTM Page 13 Page 1 $ 1 All right Vote on the hoard, pleese There we go I Is provide for you the report that would reflect the - of 2 MoUon pssse~ 6-0 2 your thscussmn on that chapter, that we wrote ~t or typed 3 (COMMI~iON~R OOURDIE NOT P ) 3 It up, It ~s from the Planmng and Zomng Comnussmner to 4 m form 4 Councd $ s Item $ M~. MC~EmL conmuss~oner Holt, I think has 6 57 [ we mow 6 7 7 ~o 8 It~a J0 up aft~ 6 8 okay Any -- so am 9 before we move ~ Is th~c~ any 9 correct when I d t at th~s 10 objeet$oo$ It~a 10 up 10 ~r what we 11 we will do that ! 1 ~aehed consensus < 12 a than ~s 12 Chapter 5 Is that not 13 to tl~ City C~uncd m J 3 Mn POWELI~ 14 wards tO 14 MR MCNEILL So - Con~ls$1oner 15 I 15 Gcortho 16 think at th~s t of the ! 6 Ma Oocu~.~m 17 Comm~sslo~ but I don't know that 17 we d~seussed, the t Comtmsmoners 18 5 as much as we ! 8 outside of -- so 19 am - and what we'v© done 19 20 20 21 ,~t mo open that 21 ~Ct~tLL mgh~ 22 Agenda t! ~ 22 ~ ~OURDII~ ~eeause 23 Powoll 23 it made me th~nk of Ms Apple's 24 ~s 24 25 25 MR POWELL ~t'S the subcomnutte~'s re, port Page 16 1 have contained I the amendments or thscuss~on or consensus that was~.~v 2 My understanding on page .~ 2 ~t ~ ~ur work sessmn meetings 3 3 MR MC'bmlLL mght Comm~ssmn~ Apple 4 have And the next page -- 4 t just have a quesUon on page 5 You mean qutck v 5 under chaoges, chengmg land use from 6 seI~'lClllg? 6 sa) name to 7 Yes ~s a vehxcle 7 I m~ssed the rationale on 8 repatr serwcmg ts ] But 8 missed that n ~r~ a httle 9 there's actually a" that 9 bit chfferent the ~ housing homes often 10 was not , under qutek 10 have ~ m thegn, that 11 then velucle 11 just need care ounds hkc elderly 12 repmr and requu'e an -- 12 aparunents whe~ens s really ar~ usually a 13 MR MCNEILL t3 methcal facility What's ~ that? Because 14 MB. POWELL th~se are not 14 the two don't mean the ; so I was surprised to 1 $ changes but they're the document that we 15 see :ompl~ly? 16 don't thank were · ~ave you d~d not 16 , I think 17 Holt had 17 due home 18 caught those 18 horses, 19 ~ under B.CC, 19 'or tho aged 20 ~CC and 20 ~s we're switching to the n~ 21 MCNEILL L 29, remlrld ~ne 21 auso that's a more of a standard 22 POWELL L 29 tS the dtstancA 22 , today But the defimtmn 23 23 MS APPLE But housing~s stdlgomgto 24 MR MCNEILL okay 24 ; mc&cai care? That's where I'm perp 25 MR POWELL And, agaltl, what we housing sounds hke housing and I just want to make sure THE PLANNING AND ZONING COMMISSIO s, EH 28, 2001 Page 13 - Page AGENDA INFORMATION SHEET AGENDA DATE' April 17, 2001 DEPARTMENT Planning Department CM/DCM/ACM: Dave Hill, 349-8314 ~J~ SUBJECT - V-01-0009 (Peterbtlt Vartance) Consider approval of an exaction variance from Section 34-118(a)1, required extensions, concerning proposed water and sewer hnes, of the Subdivision and Land Development Regulations for a 100 acre property is generally located on northwest corner of Airport Road and Precision Drive The site is in a Light Industrial (LI) zoning district The combination of two lots into one lot is proposed The Planning and Zoning Commission recommends approval of the variance with conditions (6-0) (V-01-0009) BACKGROUND The appheant has requested an exaction variance, based on the timing of the expansion construction (See Attachment 1) ~ The applicant is proposing to combine two lots into one lot The applicant proposes not to show required water and sanitary sewer improvements until construction of the expansion ~ According to the Subdivision Regulations, water and sanitary sewer ~mprovements needed to serve future development are required as part of the platting process The City of Denton has hmlted legal authority to require water and sanitary sewer improvements as part of a building permit, however the City of Denton has full authority to require drmnage improvements as part of the platting process OPTIONS 1 Approve as submitted 2 Approve w~th eondttlons 3 Deny 4 Postpone consideration 5 Table item RECOMMENDATION Staff mttlally recommended denial of the water and sanitary sewer variance as a conveyance plat would join the two pieces of property under Peterbflt's ownership, without requiring water and sanitary sewer improvements (See Attachment 1) At the P&Z meeting, staff offered another alternative to approve the variance with the condition that a development plat be required prior to issuance of a building permit This alternative would allow the apphcant to combine the two parcels and at the same time ensure that the City would get the necessary improvements, prior to 1 any new ,construction The Plarmlng and Zoning Commission recommends approval of the variance with the following conditions (6-0) 1 A Development Plat must be approved prior to ~ssuance of a building permit, and 2 The exaction variance approvals expire upon submittal of a building permit ESTIMATED PROJECT SCHEDULE The subject property is not platted and would need to be platted, prior to development A Prehmmary Plat has been reviewed by the Development Review Committee, but has not been approved by the Development Review Committee No Planning and Zoning Commission date has been tentatively set for the Prehm~nary Plat A Final Plan and a ProJect Plan must also be approved, prior to development No F~nal Plat or Project Plan has been submitted at this time PRIOR ACTION/REVIEW The following ~s a chronology of V-01-0003, commonly known as Peterbdt Addition Apphcat~on Date - April 17, 2000 DRC Date - April 27, 2000 P&Z Dates - March 14, 2001 and March 28, 2001 FISCAL INFORMATION Expansion of this facility could ~ncrease the assessed value of the city, county, and school district It will require no short-term public ~mprovements that are the respons~blllty of the city Failure to exact water and sanitary sewer improvements as part of the platting process could limit the City's ability to require needed improvements, caused by the plant expansion, as a building permit could be issued without needed improvements being constructed, as requested by the applicant ATTACHMENTS 1 Planning and Zoning Commlssmn Report, March 28, 2001, V-01-0009 2 Planning and Zoning Comm~sslon minutes from March 28, 2001 Respectfully submltted~ DouglasX3 Powell, AICP Director of Planning and Development Prepared by Beth Hudson Planner I 2 ATTACHMENT '~ J Agenda No ', Agenda Item WATER UTILITIES 901-A Texas Street Denton, TX 76209 (940) 349-8452 Fax (940) 349-7334 DATE March 28, 2001 TO Members of Planning and Zontng FROM Robert Woods, P E Semor Engtneer- Water/Wastewater SUBJECT Request for Exactmn Varmnce - Lot 1 R, Block A, Peterbdt Addition The cxactton vartancc request V-01-0009 presented by Peterbdt tnvolves Sectton 34-118(a)(1) of the Subchvimon and Land Development Code Sectmn 34-118(a)(1) states, All developments shall be reqmred to extend across the full w~dth of the development lot (defined by plat or lot of record) tn such an ahgnment that tt (water and sewer servtce) can be extended to the next property m accordance voth the master sewer and water plans for the ctty Staff has suggested to the apphcant to submxt a conveyance plat tn heu of prehmtnary and final platttng, enabhng the applicant to proceed w~th combmtng the property under Peterbflt's ownershtp w~thout requtrmg extenstons of utllmes at thts ttme Extenmon of the water and santtary sewer hnes would then be reqmred at the ttme of final platting Therefore, Ctty staff recommends dental of exactton vartance request V-01-0009, based on the altemattve avmlable to Peterbtlt Cond~nsolt~ ATTACHMENT 2 Page 3 I P R O C E E D I N O S I to get the infrastructure improvements at a later date 2 MIL MCNEILL Seeing that we have a ~ 2 when the development does occur Because, at this time, 3 will ¢ ~ March 28th, 2001 meeting of the 3 there's no davelopment pmpesed They JUSt want to 4 Plannm Commission The first 4 combine it into -- the two lots Into one lot, so that $ 'the 5 would take care of the City's desu~ to get tho pubhc 6 ' 28th 6 improvements and taka care of tho applicant's desire to 7 MS minutes 7 combine thc lots at this time I behave tho applicant is 8 of both minutes 8 hem if you have any quesUens 9 MR RISHEL 9 MR MCNI~ILL coinl~lSSlOn~'s, do you have 10 MR MCNEILL and seconded we 10 quesnans for staff before we hear from the applicant? 11 approve ~bereanydlscusslon? 11 Okay Allnght Is the apphcant or the apphcant's 12 Vote on the board, please n passes 6-0 ! 2 representative here and would like to make a statement? 13 ) 13 Mil PYK~ t'm Jim Pyke I'm the Operations 14 MR a our Agenda ts 14 Manager of Peterbilt Motors I think you've read what 15 the and4 15 wa're asking for Larry and I spnke briefly abant the 16 And the ( has had an c to review this 16 development plat Our intent Is to just try to get flus 17 andask{ fstaff Sotstherea to 17 flung down to a final plat at flus point m tune Wchavc 18 18 no plans for th~ propeny at flus point 19 SO moved 19 Anything that we did today as an nnprev~nent 20 M~PLE second 20 may be a wast~ of tlmc, effort, and money based on what we 21 I MCNEILL It'sbeen 21 try to do m the future That's why we're here Our 22 Consent Agenda All those in 22 intent is to try to get this thing platted so that when we 23 : on thc board -- excuse me, everybody 23 get down to the bmldmg permit and design process, that 24 you're in favor or not Excuse me I 24 process moves as fast as we possibly can That's the 25 rmxed two meltons there Sorry about that Motion passes 25 reason why we're here asking for the variance Questaons? Page 2 Page 4 I 6-0 1 MR MCNEILL Coranussioners, do you have any 2 The next item for consideration are individual 2 questions for Mr Pyke? 3 items First item ts Item 5 3 MR RISHEL Yes Is there any conflict 4 MS GOURDIE I nenlt to remove myself from 4 between what Mr Retchhart has presented as a potential 5 ttus item 5 direction for you as opposed to what you had set forth 6 MR MCNEILL okay Duly noted So the first 6 mittally'~ 7 ltemthenisforaprelmunaryreplatofthePeterbllt 7 MR PYKE l don't see any What Larry's 8 Addittan and I behove that Marcy is going to bnng us the 8 suggesting ts we would have to get ahead of the game once 9 staff report on that Or is Ms Hudson going to do it? 9 we decided that wc were going to develop, then try to get 10 MS HUDSON sorry about that It was my 10 ahead of it and get our maprovements put together, our 11 understan,hng that the Assistant Duector was going to do 11 design so that we had tt alt coming together 12 the mtroduetton for tins one 12 MR RISHEL And that's fine with you9 Okay 13 MR, REICHHART The backup m your notebook 13 Thank you 14 has staff recommending denial of the variances and there 14 MR MCNEILL other questions9 Thank you, Mr 1 $ is one other alternative if you decide that you'd hke to 15 Pyke Commissioners or staff, do you have ad&ttonal 16 accept tt What also could happen is that wc approve tho 16 comments? 17 variances on thc condition that prior to getting a 17 MR REICHHART NO 18 butlthng p~mit, thc applicant, property owner, would have 18 Ma MCNEILL okay Thank you 19 to do what ls called a devalopment plat Andlt'snot 19 MR SNYDER ;wanttomakcacomment You 20 something we do very often, but it would be avaIlahle 20 might want to make tt clear that the development plat 21 And the development plat is very sumlar to the final plat 21 would have to come back to the Planning and Zoning 22 m that all the pubhc improvements that would be required 22 Commission for approval I want to make sure the 23 would have to be ~denttfled and then designed So that 23 applicant understands that 24 would allow the apphcant to plat the two parcels into one 24 MR MCNEILL ColxlllllS$1oners, you've heard the 25 as they desue at flus tune and would stall allow the C 4 recommendation We have a modification of what's been THE PLANNING AND ZONING COMMISSI~. _ __RCH 28, 2001 Page 1 - Page 4 CondensoltTM Page 5 Page 7 1 recommended hem on our Agenda Do you have additional 1 MR MCNEILL Anythmg that would mequire a 2 questions or ts there a motion? I think part of thc 2 building permit I mcan, they could do some mtcnor 3 problem may be that -- 3 remodeling 4 MR REICHHART We have to have two motions 4 MR MOP, ENO And so staff recommends approval 5 for each vanance that is being mequested and, basically, 5 of the variances based upon the approval of the 6 the attamative that I outlined would basically delay the 5 development plan that has to come to P&Z? 7 LmproveraCnts until such tram as development is proposed 7 MR REICHHART Right 8 And I think we have the wording if you do destro to -- 8 MR MORENO Okay 9 MR 8NYDER I also want to point something 9 MR REICHHART SO, basically, the variances 10 else out There are what we call exaction variances, so 10 are in effect until such tune that the apphcent decides 11 these have to still go forward to City Council for their 11 to braid 12 approval once you recommend them 12 MR MCNE1LL so he has a variance but he 13 MR REICHHART And on both variances, if your 13 can't do anything Once he applies for a bmldmg permit, 14 desires is to approve them, the condition that we would ask 14 then he has to come back to P&Z I'm trying to strnphfy 15 for is that prior to building pernuts being issued, a 15 what wa'me saying hems 16 development plat will be submitted which shall include the 16 MR REICHHART Right This wall allow the 17 provisions of all publm tmprovemants reqmmd by the 17 apphcant to combine the property into one lot as opposed 18 City's subdivision megulatious 18 to two 19 MtLMCN'EILL okay So what we have, wehave 19 MR MCNEILL And not do any -- no Z0 a mequest for a variance Let's take the f~rst one 20 improvements But once he decides that he's gems to 21 concemmg proposed water and sewer lines So you're 21 develop the property, he has to come back to P&Z to get 22 saying, I'm not sure what you're saying 22 permission to get the development plat 23 MR REICHHART Approve the variance with that 23 MR REICHHART Co~t, as It would a typical 24 condition 24 plat 25 MR MCNEILL okay So we would approve the 25 MR MORENO 1 still have a question Would Page 6 Page 8 1 variance vath tho cenchtien as stated thoro Okay I we be, m effect, forgiving the meqmrement for pertrnetcr 2 Mm ~,X,~CE would I be able to do the 2 paving, for example9 3 nnprovements once I presented the development plat and got 3 MR REICHHART Until such time that the 4 approval on that, would I be able to do the nnpmvements 4 applicant decides to do any budding 5 m conjunction with my other lmprowmaents to the propaW? 5 MR SNYDER we're Just defernng it 6 MR. REICHHART Yes 6 MR MCNE1LL That's a good summary We're 7 MR e','g~ so U could all be a slxmght line 7 defemng it We're not granting a permanent variance g MR. MCNEILL okay Legal is advismg me tkat 8 We'medeferrmgttuntflsuchtimeasabufldmgpermit 9 we could combtno those into one motion so we could do all9 would be requested 10 three variances with this cen&t~on as stated by Mr 10 MR MORENO SO this action, all tt does is it 11 Re~chhart I flunk that aught be a snnpler way to go 11 has the effect of combining the two lots into one which is 12 MR shrvoea axe th~, also ashng for approval 12 what he wants m the first placa9 13 of prehnunary plat tonight? 13 MR MCNEILL Rlght That's my understanding 14 MR REICHHART NO 14 Is that correct? 15 MIL MCNEILL DO W0 have a - doe~ anyeno want 15 MR MORENO Thank you 16 to attcanpt that? 16 MR MCNEILL okay Well, tt makes sense to 17 MR WILLIAMS We're on number -- 17 me because basically all they're asking, all Peterbilt is 18 Ma. MCi, ruraL we're on Agenda Item 5 18 asking for is to combine these rote one location And 19 MR Wt~.LIAMS I'm late I need to know 19 then at such time as they want to develop it, then they 20 sometl~ng about what's going on I've read ~t and 20 have to come back and comply with these ordinances that 21 ~ S~:VD~a want us to repeat what happeaed? 21 exist concerning water and sewer lines and street 22 M~ Moamao well, I'd l~kc for a repeUuon 22 right-of-way and channel improvements 23 What wo'me doing is we mo oppmvmg tbs vanance subject 23 MR WILLIAMS HOW ts this going to be worded~ 24 to the submission of a developmem plan prior to any 24 MR RI$HEL It besw. ally would be -- what had 25 d~velopment 5 pmevwusly been recommended by staff to deny, to be able THE PLANNING AND ZONING COMMISSIO. CH 28, 2001 Page 5 - Page CondenseltTM Page 9 Page 1 to recommend that w~th the und~rstanding that prior to any MR WILLIAMS Ye3 Put some teeth tn it 2 braiding panmts being issued, a development plan would be 2 Put little bit of teeth 3 subm~ttad winch shall include tho pmws~ons of all pubhc 3 AIR MORENO Let me attempt sometlung and you 4 improvements re:Itu.hal by tho City subdivmon r~gulaUons 4 can tell me if I'm wrong 5 And so that would b~ tacked onto th* -- 5 MR MCNE1LL GO right ahead 6 Mi~ MCa~ILt~ SO, Gonmussion~r Push*l, dui you 6 MR MORENO Mr Chairman, I would like to 7 make that in the form of a motion? 7 move approval of the prehmmary replat for the Peterbilt 8 Mi~ lUSW'~, lqo, I chd not 8 Addition, but would also recommend deferral of the 9 MIL MCNEILL okay 9 proposed variances concemtng water and sewer lines, 10 M~ ms}mc i would have hked to 10 sidewalks, and channel improvements until such time as I MR MCNEILL. well, 81ac, gl - I'm not makan8 11 building permits are being issued Also, that a 2 one I'm waiting for one of you to do that 12 development plat will be subrmtted which will include the 13 MR ata~mt, ffMr Morenowouldhkotedo 13 pmvlsionsofallpubhcimpmvementsrequtredbytheCtty 14 that, that would bo fme with me It might b~ ensier if 14 subdivislonregulatlons That was all jumbled up I'm 15 you went back te the Agenda iron because it's a httle 15 sorry 16 eesl~r to -- 16 MR MCNEILL But I think you're all right 17 MR biCl, m[t.L Say again Do you have a 17 But you then need to add the statement that the variances 18 question? 18 would expire 19 MR WILLIAMS y~ah I JUSt have some 19 MR SNYDER That's not right You can't 20 concerns Okay I understand what you're salnn8 I've 20 defer the vartaneas What you need to say is you hereby 21 read what you're saying But there's no expiration date 21 make a motion to grant the variances for these three 22 for flus 22 things and then add that language 23 MI~ MCI~EILt. correct 23 MR RISHEL sure glad I deferred this 24 MR w~Lcr~.ls t would like for someflun8 24 MS RATCLIFF The prekmtnary plat is not 15 about the variance vall expire in that to add a httl~ bit 25 before you so you can't recommend approval of the Page 10 Page 12 1 more teeth to tt 1 prelmunary plat because tt is not under consideration at 2 MR MCNEILL But it only expires -- I mean, 2 this tune You're only considenng three variances for 3 it only -- this -- 3 the proposed prelmunary and final plats 4 MR WILtJAMS I would Just hke that tn the 4 MR REICHHART Once they get the variances, 5 wording 5 they will -- 6 MR MCNEILL But yOU don't know when they're 6 MR SNYDER DO you want me to just go ahead 7 going to develop it and so you're putting a force on them 7 and state it and then maybe -- the motion should be that 8 to tell ua when they're going to develop the property and 8 you make a motion to recommend approval of the three 9 they don't know at tins point 9 vananeas under Section 5 of your Agenda subject to the 10 MR WILLIAMS NO I'm not saying the date, 10 following condition that prior to bmldmg permits being 11 the word expired, just the word 11 issued, a development plat will be submitted that shall 12 MR SNYDER Let me see if I understand what 12 include the provisions of all public improvements required 13 he's saying Are you saying that tho variance would 13 by the City subdivision regulations, and at such time the 14 expue by -- let me just make this as a suggestion, tt 14 development plat is apphed for, these vaunnces shall 15 would eapue, let's say, m five years if a development 15 expun 16 plat ts not apphed for m that -- let me just finish 16 MR RISHEL SO moved 17 MR. WILHAMS NO, I'm not puttang a time 17 MS APPLE Second 18 table on tt at ail. 18 MR MCNEILL It's been moved and seconded 19 MR SNYDER If the concern is that this might 19 that we -- 20 be hanging out there forever, you could say that the 20 MR RISHEL I did that so well 21 variance would expire within a certain period of tune 21 MR MCNEILL yeah I'm unpressed with your 22 MR REICI-fl-La, RT Or -- end I thtnk whare you're 22 understandtng of the legal system Isthereany 23 getting at ts upon such an application of the development 23 discussion9 24 plat, tlms~ variances are null and void or tlmy expire or 24 MR RISHEL Exactly what I was going to say 25 something hke that. 6 MR MCNEILL Any dascussion? Any questaons? THE PLANNING AND ZONING COMMISSIOin ,.~.~(CH 28, 2001 Page 9 - Page 1~ CondonseltTM Page 13 All right Vote on the hoard, please There we go Is provide for you the report that would reflect the -- of 2 Motion p~sses 6 0 2 your d~scussion on that chapter, that we wrote it or typed 3 (COMMI~StONF. R OOURD[E NOT pR~,~ENT ) 3 up, ~t ~S from the Planning and Zoning 4 ~R MG'~EILL staff, 4 ' ~OU~¢II 5 ~e tl 5 ~lC~mU.~ commisslonar Hol~ 6 57 ~ movo ? Ag~nd~ It~a 1 Agonc~ ? ~o 8 It~n 10 u 8 MR okay Any -- so ~ 9 there any 9 correct when I I ~here that we're -. t this 10 object~ons to ~ 10 up 10 point what we had or what we 11 All do that 11 ~or~ on 12 a th~ Is 12 Chapter 5 Is 13 to consider: e C~ty Council m 13 Mm ~OWELC xhat 14 regards to i 14 MR MCN~ILL So - Cunumss~oner 15 I 15 Gour&e 16 tlunk at fl ~ test of the 16 o include what 17 17 we discussed 18 much as we 18 ~ally actually the' 19 and what we've done 19 20 20 21 let mo opea that 21 ncwnn,~, aight 22 t dascussmn Mr 22 ~ OOURDIn oecause you kept 23 Powell 23 it made me think of Ma Holt and 24 understanding is 24 Okay 25 ~ office and pointed out 25 MR POWELL It's th~ sub¢ouuult~'$ report Page 14 Page 16 1 errors tn tho report that you have contaxned tn your I a the ameadm~nts or dlscuss~ou or consensus that was 2 My understanding on page 3 m the downtown 2 session m~ngs 3 3 mght 4 4 APPLE t JUSt have a quesaon on 5 5 under 6 6 homes and recommended change ~ name to 7 7 nussed the ret~onale 8 repatr But 8 ar~ a little 9 there's ~ that 9 bit different than homes often 10 ~ unde~ qmok 10 have m them, that 11 vebacle , then velucle 11 just need care And i ~ sounds lake elderly 12 reptur arid requu'e 12 apar~neats , are usually a 13 MR ~'lth SUP 13 medical fac~hty that? Because 14 MR POWELL these aro not 14 the two don't mean so I was surprised to 15 ; to the document that we 15 s~e ~, completely? 16 gave you did not 16 the name, I think, 17 And Ms Holt had 17 ~r not uarsing home 18 caught those 18 homes, 19 'The ~sge under RCC, 19 aged for the aged that thare'~ And my 10 20 Is we're switching to thc name elderly 21 what L-29 is 21 tint's a more o the 22 ~ requtrement, ~ today But the definition -- 23 MS APPLE But housing ~s sail going t 24 nedical car~? That's wh~r~ I'm housing sounds hke housing and I just want to make sure 25 I Ma POWELL And, a ? · IT~ PLANNING AND ZONINO COMMISSIU CH 28, 2001 Page 13 - Page 16 ^oo, a , AGENDA INFORMATION SHEET Date AGENDA DATE April 17, 2001 DEPARTMENT Planning & Development Department CM/DCM/ACM' Dave Hill, 349-8314 SUBJECT Consider and take action on a request for rehef from the Non-Restdentml Intertm Zomng Regulations, Ordmance 2000-069 for a 9 6 acre property generally located north of Spencer road and 900 feet east of Woodrow Lane The property ts m L~ght Industrial (LI) zomng district A Denton Mumc~pal Electric Substation is proposed (RN-OI-O003, Spencer RoadAddttton) BACKGROUND Ordinance 2000-069, known as the Nonresidential Interim Regulattons, was adopted by C~ty Council on March 2nd, 2000 Th~s orchnanee eontmns standards w~th which nonresldenttal development projects must comply until the Code Rewrite project ~s completed and permanent standards are adopted Ordinance 2000-069 also contains a separate section that allows apphcants to request rebel from the interim regulations, ~nclud~ng evaluation cnterta to be used by Cotmcfl 5 Relief requests a The apphcant may petttton the Ctty Council for rehef from these lntertm development regulattons by requesting such rehef In writing The request for rehef shall be considered by the C~ty Council tn conjunetton wtth actton on the project plan and development apphcat~on b The C~ty Cotmcfl shall not reheve the apphcant from the requtrements of this ordinance, unless the apphcant first presents credible evidence from which the Ctty Council can reasonably conclude that the lmposmon of the nonrestdenttal development standards deprives the applicant of a vested property right or deprives the apphcant of the economtcally wable use of h~s land c In dectdmg whether to grant rehef to the applicant, the C~ty Council shall take into constderat~on the following (1) whether granting rehef from the nonresidential standards contained in these ~nterlm development regulattons, tn the absence of permanent revisions to the City's Land Development Code that implement the provisions of the comprehenstve plan jeopardtzes the City's best interests in preventing such effects, (2) the suttabflity of the proposed nonresidential uses ~n hght of land uses allowed tn the zoning dtstrtcts on property adjacent to the proposed stte, (3) the tmpact of the proposed nonresidential use on the transportation and other pubhc factht~es systems affected by the development, (4) the measures proposed to be taken by the apphcant to prevent negative impacts of the proposed use on the surroundmg properttes, (5) the likelihood that suffictent relief will be provided to the apphcant following adoption of the City's Development Code, (6) the total expenditures made in connection w~th the proposed nonres~dentlal development m rehanee on prior regulaUons, including the costs of mstalhng infrastructure to serve the project, (7) any fees reasonably pa~d m ¢onnecUon w~th the proposed use, and (8) any representations made by the C~ty concerning the project and reasonably relied upon to the detriment of the applicant d The City Counctl may take the following actions (1) deny the rehef request, (2) grant the relief request, or (3) grant the rehef request subject to condmons consistent w~th the criteria set forth m th~s section 6 Minimum rehef Any relief granted by the City Council shall be the mlmmum dev~aUon from ordmance requirements necessary to prevent deprivation of a vested property right OPTIONS Council may either 1 Deny the request for rehef, or 2 Grant the request for rehef, or 3 Grant the request for relief, subject to conditions consistent with the evaluation criteria set forth in the ordinance (and referenced above) RECOMMENDATION Staff recommends that the decision of whether or not to grant the requests for relief should be based on the merits of each individual application ESTIMATED PROJECT SCHEDULE Review schedules are discussed in the attachments PRIOR ACTION/REVIEW One petition was reviewed on March 3, 2001 1 1808 N Elm - approved One petition was reviewed on February 20, 2001 2 Social Security office - approved One petition was reviewed on October 17, 2000 1 Peterbullt parking lot - approved One petition was reviewed on September 15, 2000 1 Bonnie Brae Medical Office - approved 2 One petition was reviewed on June 6, 2000 1 CBS Mechanical - approved One petmon was rewewed on May 2, 2000 1 Mornson Mflhng- approved Two petmons were rewewed on April 18, 2000 1 1013 Shady Oaks - approved 2 Victoria Square Phase II - approved Three petitions were rewewed on April 4, 2000 1 Wildwood Inn- approved 2 Cellular One- approved 3 Payne self-storage- denied Three petitions were reviewed on March 21, 2000 1 1508 N Elm (Z-99-083) - approved 2 1513 N Locust (Z-99-084) - approved 3 RNW Addition (Z-00-003) - approved In addition, an additional 18 staff ~mtmted petltmns were granted rehef on March 2t, 2000 One petition was rewewed on March 2, 2000 1 Kerestme property - approved wah condmons FISCAL II~ORMATION The petitions are being processed and brought to Council using existing staff resources Several of the petltmns clalm financial harm, an issue that may be evaluated by Cotmcfl ATTACHMENTS 1 Staff report Respectfully submitted Douglas S Powell, AICP Director of Planmng and Development 3 , ATTACHMENT 1 WAIV ER REQUEST STAFF REPORT Sublect Spencer Road Addition Case Number RN-01-03 Staff Larry Re~chhart BACKGROUND Request Rehef from the Non-Residential Intenm Regulabons (Ordinance No 00-069) to proceed w~th platbng to allow the construcbon of an office for an Electrical Substation Location Generally located north of Spencer Road approximately 900 feet east of Woodrow Lane (See Enclosure 1) Zomng Light Industrial (LI) (See Enclosure 1) Acreage 9 6+acres Platbng The property ~s not platted Comp Plan Consistency The Comprehensive Plan ~denbfles th~s property to be wflhm the "lmployment Centers" D~stnct Employment Centers are intended to prowde locations for a variety of workplaces, ~nclud~ng hght manufacturing uses, research and development acbc~bes, coporate facilities, offices and restitutions Staff finds the use consistent with the ~ntent of the Comprehensive Plan Background The required platting of the property triggered the ~ntenm regulations The development, regardless of the action for relief, w~ll have to comply w~th the Landscape Ordinance CONC~LUSION' Additional Approvals Without Rehef W~th Rehef Zomng Plan Not Required Not Required Project Plan Not Required Building Permit Platting ENCLOSURES. 1 Zomng Map 2 Apphcat~on 4 ENCLOSURE 1 S )encer Road Addition NORTH ZONING MAP Scale None INTERIM ORDINANCE RELIEF APPLICATION FORM APPLICATION FOR RELIEF FROM: Residential Interim Ordinance Prelect Name Spencer Road Ad&nnn Project Address (Locauon) North of Spencer Road and East of Woodrow Lane Emst~ngUse Vacant Proposed Use Electric Substation Emstmg Comprehensive Plan De~gnanon Existing Zomng' LI Proposed Zoning n / a Gross Acres 9 6 SEE ATTACHFI) RELIEF PROCEDURES APPLICANT INFORMATION hpphcant Caty of Denton / Denton Mumcapal Electric Company Address 901A Texas Street Tel Fax. (940) 349-7334 CaW Denton State Tx ZIP 76209 Emafl Property Owner C~ty of Denton / Denton Mumc~pal Electnc Company' Address Tel Fax Caty' State ~ ZIP Emml Contact Chuck Sears Company. Address 901ATexas Street Tel 349-7111 Fax. 34%7334 Oty' Deaton StateTx ZIP 76209 Emafl cxsears~otyofdenton com SIGNATURE OF PROPERTY OWNER OR APPLICANT For Departmental Use Only (Lettm oiqfftli~r~rau3n reqmredlf s~gnhmre ~s other than property ¢ Ca~e Manager f~ ,scnbed and ~wom before me thts daTof ~ 20 0-~ Rece,ptNo Date Subranted Notary Pubhc Vo=U~.7/2000 APPLICATION DF.,ADLINE I8 MONDAYAT 10 O0 AM 6 Any underhned te.~ applies only to the Non. Restdenfial Interim Or&nance All other text applies to both Restdentml and Non.Resident~al Interim Onhnances. ApphcaUon Reqmrements The apphcant m~y petit,on the City Count,for yehe~f fromm thes, e mtenm development ~reg~l~ by requestmg such rehef m writing The request for rehef shall be cons~dereo t~y me ~aty t~ounco m conlunctton wire acuon o proleet plan and devdopment apphcatlon The City Councd shall not reheve the apphcant from these reqturements, unless the apphcant frrst presents cre&ble ewdence from wtuch the City Coun~ can reasonably conclude that the nnposmon of the residential density hnntatlons, non-resldenual standards or other development standards deprives the apphcant of a vested property right or depnves the apphcant of the econormcally ~able use of their land. The applicant is requested to submlt sufficient mfo.rmat~on addressing the followmg criteria The applicant ~ also be responsible m malting their case before City Counml. In demdmg whether to grant rebel to the apphcant~ the City Councd shall take into the conmderatlon the following' [-I Whether granting rebel from the restdentaal denmty l~nttat~ons, non res~dentml standards or other development standards contained m these mtenm development regulation, m the absence of permanent revamons to the City's Land Development Code that nnplement the provlstons of the comprehensive plan, jeoparchzes the City's best mterests m preventmg such effects, [-I The sultab~ty of the proposed resldenraal or non-resldentml uses m hght °f land uses all°wed m the z°mng d~stncts °n property adjacent to the proposed stte, I-~ The impact of the proposed residential or non remdentlal use on the transportation and other pubhc fac~Ues systems affected by the development, [q The measures proposed to be taken by the apphcant to prevent negative rmpacts °f the Prop°sed use °n the nelghb°rh°°d' [-I The hkekhood that suffloent rebel will be provided to the apphcant following adoption °f the CitY'S Devel°pment C°de' I-I The total expendatures made m connection with the proposed resldenual or non-res~dentml development m rehance on pnor regulanons, m¢ludmg the costs of mstallmg mfrastrocture to serve the project, I-I Any fees reasonably prod m connection with the proposed use, I-1 Any representations made by the City concerning the project and reasonably rehed up°n t° the detnment °f the apphcant The City Conn~ may take the following actions (a) deny the rebel request, (b) grant the rebel requeVe, or (c) grant the rebel request subject to con&txons c°nslstent with the criteria set f°rth m the mtenm &vd°pment regnlan°ns Any rehef granted by the City Couneal shall be the minimum deviation from ordinance reqturements necessary to prevent deprivation of a vested properV/right SIGNATURE cemfymg that these regulauons have been read and understood by the apphcant pRiNT or TYPE NAME ~//ggC~ ELECTRIC E.ergtztng tomor~o}t s commtmtt) toda~ t WWW crOton[denton corn Denton, Texas March 29, 2001 MEMO To Deborah Vaera Planner I From Ray Wells Assastant Darector SubJect Rehef from the Non-resadent~al Interim Ordinance for the Spencer Road Addataon The Spencer Road Addataon project as for electric utflaty anfrastructure Denton Mumexpal Electric (DME) request that C~ty Council provade rebel from the Non-resadentaal Interim Ordinance requarements for a Project Plan The request as base on the following · Thxs project has already been funded and approved by the Pubhc Utflaty Board and Caty Council through the FY 2001 Budget process · The primary purpose ofthas project ~s to prowde a new substation whaeh as an essentml addatlon to the electric utflaty infrastructure The stataon as required to provade needed capacaty to support continued growth and to enhance rehabflxty · The land was originally acquared by the Cxty to support utflaty needs · The proposed use as eonsxstent wath the owner's current use of the adjacent Spencer Plant · Adjacent property xs zoned Laght Industrial · There will be no normally occupxed resadentaal or commercial facflatles on the property · A 55-fuot wade hne of mature trees wall screen the sate fi.om Spencer Road · A 50-foot wade lane of mature trees will screen the sate fi.om the adjacent property to the north · The property includes a 2 73-acre seetaon ofdramage and floodplam on the west sade The sate wall also be screened to the west by a 60-foot wade strip of mature trees along the east sade of the floodplain · DME is scheduled to receive two substataon transformers an mad summer for the new substataon The manufacturer has recently moved the sbapment date up The weight ofthese transformers ~s 145,000 pounds each Being able to unload these transformers on the permanent foundataons could save DME $10,000 or more xn cost A development plan would require addatmnal tame and further delay completxon of foundataons 1 03/29/01 8 A drawing is attached that shows the stte and proposed usages DME's plans for the 9 565 acres sate are as follows · ,2 acres for a substation · 5 acre for a transmission line · 3 01 acres for substation equipment and material storage yard and a 40' x 60' substation equipment maintenance and storage building · 2 73 acres as drainage and floodplmn · 1 325 acres as landscape buffer 03/29/01 2 9 SUBSTATION AGENDA INFORMATION SHEET Ao~da item ~'-/-'/-~ AGENDA DATE: Aprd 17, 2001 DEPARTMENT. Planning & Development CM/DCM/ACM: Dave Hall, 349-8314 .~ SUBJECT SP-01-0006 (Kroger Expansion) Consider adoption of a resolution approving a Project Plan for approximately 4 acres, m a General Retail (GR) zoning dlstr~et, generally located at the northwest corner of Umverslty and Carroll Boulevard An expansion of the ex~stlng Kroger store with related site and access ~mprovements Is proposed (SP-01-0006) BACKGROUND The applicant is proposing to expand the existing Kroger store by 14,190 square feet and related sxte improvements as listed below (Attachment 2) Development of the site is subject to the requirements of the interim regulations for non-remdent~al development (Ordinance No 2000-069) As such a Project plan ~s required to be submitted for rewew and approval'by City Courted ~' The subject property is located m a General Retail (GR) zomng dlstr~ct ~ The property is located within the Developed Areas of Floodplmn Development and re- development is allowed m developed floodplains, staff finds the proposed land use to be consistent w~th the Comprehensive Plan ~ Comphanee with Draft Zomng The draft zomng map denotes this rote as "Neighborhood residential Mixed Use (NRMU) Retail Sales ~s permitted with a hm~tatlon that uses are hm~ted to nolmore than 55,000 square feet of gross floor area per lot ~ The appheant is proposing to redevelop the parking lot in front of the ex~stmg Kroger's to allow for adchtlonal open space and landscaping, (including street trees along Umvers~ty and along the front of the store) ~ The appheant is improving two of the major entrances on Umvermty to prowde staclang and consohdatmg two other entrances on Umverslty into one The existing entrance from Carroll Blvd will be ~mproved and a new service entry, across from Sherman Drive (on the Fmr Ground property), will be developed ~ All of the technical requirements of a project plan are addressed on the Project Plan for the Kroger expansion, and the plan meets all City Codes ~ Forty (40) courtesy not,ecs were mailed regarding the Project Plan request 1 OPTIONS 1 Approve as submitted 2 Approve with conditions 3 Deny 4 Postpone ~onslderatlon 5 Table item RECOMMENDATION Staff recommends approval of the ProJect Plan ESTIMATED PROJECT SCHEDULE A ProJect plan must be approved prior to a bmldmg permit being issued PRIOR ACTION/REVIEW The following is a chronology of SP-01-006, commonly known as Kroger Expansion Application Date April 9, 2001 DRC Date April 12, 2000 FISCAL INFORMATION Development of tlus property will increase the assessed value of the city, county, and school district It will mqmre no short-term public improvements that are the responsibility of the city ATTACHMENTS 1 Location / Zoning Map 2 ProJect Plan 3 Resolution Prepared By . ~ Assistant Director of Planning and Development Respectfully submitted Powell, AICP Director of Planning and Development ATTACHMANT t ~ Kroger Expansion (SP-01-0006) NORTH m F~R GROUNDS " '~' _.i / / Il Lli L]_ U. U .LI JJ J_l J ~.I _~-~[ ~'__~'~-I-~-]-I-F E F F F~- ~ LOCATION / ZONING MAP 3 Scale None ATTACHMENT 2 1 GUYAB~flOG ~IOU~VO I "~,' jljl J,~: J!~ ! Ijll . Il,I, J ] i Iiljj'l Ijljl I ~ll i,,t ill l ll~l I .,~,!. ',' I I III 5 Attachment 3 RESOLUTION NO A RESOLUTION OF THE CITY OF DENTON, TEXAS jLPPROVING A NONRESIDENTIAL PROJECT PLAN FOR KROGER EXPANSION, BEING AN APPROXIMATE 4 0 ACRE SITE LOCATED AT THE NORTHWEST CORNER OF UNIVERSITY (US 380) AND CARROLL BOULIVARD, AND PROVIDING FOR AN EFFECTIVE DATE (SP-01-0006, KROGER EXPANSION) WHEREAS, on March 2, 2000 the C~ty Council adopted Ordinance No 2000-069 which estabhshed certmn nonres~denUal interim regulations (the "Nonres~denttal Interim Regulations"), and WHEREAS, the Nonres~dentml Interim Regulatmns estabhshed, among other th~ngs, a project plan reqmrement, and WHEREAS, the owner of an approximate 16 9 acre tract of land zoned General Retml (GR) known as Denton Center has made an apphcat~on for approval of a prolect plan under the Nonres~dentml Interim Regulations, a copy of whmh ~s attached hereto as Exhibit "A" and made a part hereof by reference (the "ProJect Plan"), and WHEREAS, the C~ty Council finds that the ProJect Plan, w~th the concht~ons ~mposed herem, ff any, meets the reqmrements of the Nonres~dentml Interim RegulaUons, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The ProJect Plan wbach ~s attached hereto and made a part hereof by reference, is hereby approved SECTION 2 Thts resolution shall become effective ~mmedlately from and after ~ts approval PASSED AND APPROVED th~s the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED A~F~) LEGAJ~J~ORIVi HERBER UTY ATTORNEY 7 I ! l I al~¥AJllloa 11ou~¥o I lill! [ "-" II ,i II ill !l :::', Ill,::.I I!I [1:, ,i , J lll Ill :ii! [ II:: '"" ~:i:" :::: :, ~ [: ::.:I,: ,, I I o- ~1 Agenda No ~ Agenda 1to..nljlg---'~--~-~ AGENDA INFORMATION SHEET Date_ q~ / 1! ~! . AGENDA DATE: April 17, 2001 DEP~RTMENT: Pohce ~ ACM: Jon Fortune SUBJECT· Consxder appointments to the Ramal Profihng Task Force BACKGROUND' The purpose ofttus agenda ~tem xs to promde Council Members and the Polme Department the opportumty to present nommatxons and make appointments to the Ramal Profihng Task Force At the Work Sessxon on April 10, 2001, the Council agreed to appoint a Task Force to study the xssue of racml profihng xn the Cxty of Denton It was agreed that each Council Member would appoint one (1) cxtxzan to the Task Force and the Pohce Department would appoint two (2) representatxves Addxt~onally, the Council will appoint or desxg~late a Chmrperson for the Task Force OPTIONS: The Council can appoint the full membership of the Task Force or, ff necessary, can delay the appointments to a later date RECOMMENDATION. No staff recommendation is needed PRIOR ACTION/REVIEW: As stated, the Council consxdered thru issue on April 10, 2001 ~md decxded to move forward w~th the appointment of the Task Force FISCAL IMPACT There ~s no xdentffiable fiscal xmpact at thxs txme However, dependent upon the scope of the study, financml resources may be necessary Respectfully submitted, Gary L Matheson Chief of Pohce Prepared by Gary L Matheson Chief of Pohce 1 Agenda tem AGENDA INFOPdVIATION SHEET r,ate /-f/! -//O [ AGENDA DATE April 17, 2001 DEPARTMENT: City Manager's Office CM Howard Martin, Interim City Manager SUBJECT Consider nominations and appointments to the City's Boards and Commissions BACKGROUND The following is a list of current Board/Commission vacancies/nominations Charles Rldens has resigned from the Traffic Safety Commission This is a nomination for Mayor Pro Tem Beasley Bulhtt Lowry has resigned from the Public Utlhtles Board This is a nomination for Council Member Coehran If you require any further reformation, please let me know Respectfully submitted /~nnlfer W~ters '~Clty Secretary Crty Hall West · 221 N Elm · Denton, Texas 76201 (940) 349-8358 · (940) 349-8376 · Metro 434-2529 Memo To.' Honorable Mayor and City Council From-'Lo~s Scobee, Englneenng Assistant CC-' Jenmfer Walters, City Secretary Dat®l 3/29/01 Re-' Traffic Safety Commission Chades R~dens called to say he must resign from the Traffic Safety Commission effective ~mmed~ately He sends h~s regrets, but ~s unable to make Monday evemng meetings · Page 1 AGENDA INFO~ATION SHEET Date AGENDA DATE: April 17, 2001 DEPARTMENT: Planning & Development CMfDCM/ACM: Dave Hill, 349-8314 ~ SUBJECT Receive a report, hold a discussion, and give staff direction regarding possible commencement of annexation proceedings for a portion of the Hunter Ranch property, comprising approximately 2,301 3 acres The property is located on the west side oflH-35W, between Crawford Road and FM 2499 BACKGROUND A Predesign and General Development Plan appheatlon for the property being called "Hunter Ranch" was received by the Planning & Development Department on March 29, 2001 The appheatlon ~ncludes land' both ms,de and outside of Denton mty limits, on both the east and west sides of IH-35W, between the Ponder exit and Crawford Road The appheant is Petms Investment, L P and Petrus Real Estate, L P of Dallas, and is believed to be a hmlted partnership owned by the Hlllwood Corporation A map ofthel subject property is provided as Attachment #1 The General Development Plan included 3,346 7 acres, and proposes to develop a natural gas well field, 8,127 dwelling unxts (4,773 single family lots, 3,354 mult~-famdy umts), and 97,598,140 square feet of nonresidential floor space (ranging from regional and commumty activity center uses to employment and industrial centers) The General Development Plan (GDP) land area included 1 Total GDP Acreage 3,346 7 acres 2 Land inside the City of Denton (1,045 4 acres) a PD-138 (9204 acres) b Zoned Ag (125 0 acras) i (A-81, annexed 4/99) 3. Land outside the City of Denton 2,301.3 acres During a predesign conference held on April 12, 2001, city staff returned the General Development Plan apphcat]on to the applicant, due to insufficient mformat~on The applicant indicated that their primary concern is to pursue the development of the natural gas well field, and that when they resubmit their General Development Plan it will only address the gas wells and not the other land uses shown on their original plan As is cons]stent with Council policy, any development proposal located in the city's ETJ is scheduled for Couned work sessmn discussion to determine if annexation should be pursued Dunng the April 17t~ work session, Counml will be asked to determine if annexation of the 2,301 3-acre portion of Hunter Ranah should be pursued OPTIONS 1 Dxrect staff to commence annexation proceedings 2 Decline to direct staff to commence annexation proceedings 3 Postpone action to allow for further research RECOMMENDATION The applicant's intent to develop a natural gas well field, combined with an application identifying land uses for the entire 3,346 7-acre property, is sufficient reason to commence annexation proceedings Staff anticipates that a development application will be resubmitted for the natural gas wells lB the near future The Denton Plan includes the subject property as part of the "Urbanizing Area", expected to develop and become part of the City of Denton by 2020 ESTIMATED PROJECT SCHEDULE A draft annexation schedule is provided as Attachment #2 PRIOR ACTION/REVIEW This is the first opportunity for Council review of this topic FISCAL INFORMATION The applicant has submitted the following financial estimate of Ad Valorem Tax Revenues for thc proposed 80-well natural gas field, over 20 years 1 Denton County $ 1,869,000 2 School Districts 14,584,000 3 City of Denton 4,256,000 (if entire property is inside city) ALL TAX JURISDICTIONS $20,709,000 ATTACHI~ENTS Attachment #1 Property Map Attachment #2 Draft Annexation Schedule Respectfully submitted David M Hill Assistant City Manager - Development Services 2 ATTACHMENT 1 NORTH Hunter Ranch - Annexation LOCATION MAP Scale. None ATTACHMENT 2 DRAFT ANNEXATION SCHEDULE Hunter Ranch Annexabon Area Tuesday, April 17 CC Work Session Friday, April 20 Involuntary Annexation Pebtmn filed, Annexation Study & Service Plan drafted 30 day nobce of intent to annex to each property owner, each pubhc entity or private entity that prowdes services ~n the area (~nclud~ng school dlstr~cts), and to each railroad company Thursday, May 3 Notice sent to be pubhshed on Monday, May 7 on C~ty Webs~te and ~n Denton Record-Chren~cle for CC's first public heanng Friday, May 4 Annexation Serwce Plans Completed Friday, May 11 500' Courtesy Nobce and Posting of s~gns Friday, May 17 Deadhne for receipt of petitions for opposition to the annexatmn (10 days after not,ce) Tuesday, May 22 City Council Conducts first public hearing Tuesday, June $ City Council Conducts second pubhc hearing Wednesday, June 27 Notice sent to be pubhshed on Saturday, June 30 on C~ty Webs~te and ~n Denton Record-Chromcle for PZ's pubhc hearing on annexation and zoning and CC's second public hearing on annexation and zoning Wednesday, July 11 Planning and Zoning Commission pubhc hearings - make a recommendation to C~ty Council regarding the proposed annexabon and the DroDosed zomne Tuesday, June 26 First reading of annexation ordinance - C~ty Council by a 4/5's vote ~nst~tutes annexation proceedings Wednesday, June 27 Annexation ordinance to be pubhshed on Saturday, June 30 on City Webs~te and ~n Denton Record-Chronmle Tuesday, July 3t Second reading and adoption of annexat,on ordinance and public hearing for zone change request - C~ty Council by a 4/5's vote takes final action on annexation C~ty Council by s~mple majority vote takes final action of zone change request 4